When you lose a loved one, the last thing you should have to navigate is a legal battle over their final wishes. Unfortunately, it’s not uncommon for contentious family disputes to erupt over a trust, compounding already intense emotions. Often, these disputes involve a family member hiding a trust in California.
“The main issues with a family member hiding a trust are the sense of betrayal as well as the potential for a larger legal conflict. As a beneficiary, your greatest power is understanding your legal right to an accounting and a copy of the trust, and then acting quickly and decisively. Seek legal counsel immediately. A skilled trust litigation attorney can act as your facilitator, streamlining the legal process and protecting your rights from the very start. In probate law, this kind of decisive action and momentum can be the difference between recovering what is rightfully yours and a total loss,” said Alison S. Gokal, a Partner at Gokal Law Group who draws on nearly two decades of complex litigation experience. Alison is an authority in trust and probate law who has established a reputation for her tenacity and ability to successfully try cases against powerful, well-resourced corporations.
If you’re a beneficiary dealing with this situation, it is critical to contact a trust litigation attorney as soon as possible because this is often just the beginning. Here’s what you need to know.
Can Someone Hide a Trust From You?
In California, upon the trust becoming irrevocable, it is improper for a trustee to hide a trust from a beneficiary, and exposes that trustee to judicial scrutiny. The trust can either be “irrevocable” from the outset if the trust so states, or more commonly, the trust becomes irrevocable upon the death of the trustor. If you are a beneficiary dealing with a family member hiding a trust, contact a trust litigation lawyer immediately.
If you are a beneficiary of an irrevocable trust, a trustee preventing you from reviewing a copy of the trust is a violation of your California trust beneficiary rights. However, if you are not a trust beneficiary and/or don’t have a “vested” interest in the trust (i.e., if the trustor is still alive and retains the power to revoke your beneficial interest in the trust), you do not have a right to review a copy of the trust. A skilled attorney can help you determine your standing.
A trust outlines a person’s final wishes, often in place of–or in addition to–a will. Once the person who created the trust (known as the settlor or trustor) passes away, the trust normally becomes irrevocable, and the trustee then has a legal duty to administer it according to its terms. Again, anyone with a vested interest in the trust, such as a beneficiary, has a legal right to view it.
The law requires a trustee to provide a copy of the trust to beneficiaries upon request.
Related Article: California Trust Beneficiary Rights: The Right to Receive a Copy of the Trust
Why Would a Family Member Hide a Trust in California?
There may be several reasons behind a trustee’s underlying motivation to hide a vital estate planning document such as a trust. In most cases, the reason is to benefit themselves financially at the expense of both the trust and its legitimate beneficiaries.
Common reasons a family member might hide a trust in California include:
- Financial Gain: A person may hide a trust that names them as a beneficiary of a smaller portion of the estate in an attempt to receive a larger inheritance or to keep an inheritance from another beneficiary.
- Disagreement with the Trust: A person may believe the trust is unfair or may disagree with the deceased’s final wishes and choose to hide it.
- Control Over the Estate: A person may want to be in control of the estate and believe that hiding the trust is the only way to do so.
In all of these scenarios, the person hiding the trust is acting in bad faith, which warrants legal action. California probate law is clear on this matter, and those who attempt to subvert or circumnavigate the legal process for their own gain can be held accountable with the help of a premier attorney.
Related Article: Is a Trustee Not Communicating with Beneficiaries? Here’s What to Do
4 Steps to Take when There’s a Family Member Hiding a Trust
When a family member hides a trust, swift and decisive legal action and intervention is required. The best course is to engage a skilled trust litigation attorney who can act as your facilitator to protect your rights and ensure your loved one’s final wishes are honored.
Here are 4 steps to take when you encounter a family member hiding a trust:
- Contact a Trust Litigation Attorney: The very first step you should take is to contact a trust litigation attorney. A skilled attorney can help you navigate the complicated trust litigation process, and by acting as your advocate, they can enforce your rights from the start.
- Formally Request a Copy of the Trust: Your attorney will send a formal, written request to the family member who you suspect has the trust. This letter will be sent via certified mail and will clearly state that you are a beneficiary and have a right to a copy of the trust.
- Demand an Accounting and a Copy of the Trust: Your attorney will also work to formally demand a full accounting of all financial statements, trust assets, income, and expenses. As a beneficiary, you have a legal right to this information. This accounting is often where the first signs of mismanagement begin to materialize.
- File a Petition: If the family member refuses to produce the trust, your attorney will file a petition with the probate court, adhering to strict deadlines and requirements imposed by California trust law. This will ask the court to order the family member to produce the trust.
“A trust is a legacy built on a solemn promise to a beneficiary. When that promise is violated, Gokal Law Group is here to enforce it. We don’t tolerate bad faith, and we empower our clients to fight back. We’ll hold those who hid the trust accountable and work to ensure your loved one’s final wishes are both honored and protected,” said Alison.
Related Article: Handling Conflict When There Are Siblings Contesting a Trust
Don’t Tolerate a Family Member Hiding a Trust. We Can Hold Them Accountable.
You don’t have to sit idly by and tolerate a family member hiding a trust in California. At Gokal Law Group, we have decades of experience dealing with complex trust disputes. We are fierce advocates for our clients and are ready to get in the trenches and fight to restore justice and protect what is rightfully yours. We will work tirelessly to hold the family member accountable, ensure the trust is administered properly, and that your loved one’s final wishes are honored.
Contact us today to schedule a consultation and take the first step toward a positive outcome.
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