If trust funds have been set up for my children by a family friend who passed, how do I make sure that mythey get what’s rightfully theirs?

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If trust funds have been set up for my children by a family friend who passed, how do I make sure that mythey get what’s rightfully theirs?

My ex-stepmother has been named as executor and has said nothing to me about this. Basically just watched as we’ve struggled for 2 years to make ends meet. How do I go about making sure that our friend’s last wishes are executed? The documents pertaining to this where drawn up by my ex-stepmother’s friend, a lawyer (so asking him for help will be of no avail).

Asked on February 24, 2012 under Estate Planning, California

Answers:

Genevieve Wall / Genevieve Wall, a Law Corporation

Answered 9 years ago | Contributor

Ask the lawyer who drafted the document(s) providing for your children.   As a lawyer s/he has an ethical obligation to tell you the truth.   If your ex-stepmother is now his client as Executor or Trustee, he still cannot lie to you.   

If the lawyer won't give you details about the documents, ask him if there is a probate or a trust administration.    If there is a probate it is a public proceeding, and you can look it up in the probate court in the county where your friend died.  

If there is a trust administration, it is private, but the Trustee is required by law to send a formal notice of administration of the trust to all trust beneficiaries, and if asked, the Trustee must provide a copy of the Trust to the beneficiary who asks for it.

Good luck.


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