California Trust Document Concerns

This situation raises serious concerns. If the trustor was under the influence and not fully aware when signing the document, it could potentially invalidate the trust. Additionally, if the future trustee had undue influence or there are missing accounts, this could constitute fraud or coercion.
Are you considering contesting the trust in court?

Selling property to oneself before the trustor's death and before officially becoming a trustee may be a serious breach of fiduciary duty and could be considered self-dealing, which is illegal.
- The trust document might be invalid if the trustor was not of sound mind.
- Fraud or coercion might have occurred if accounts were left out intentionally.
Are you planning to take legal action against the trustee?

To support or refute your allegations, you should gather the following documents:
- Medical Records: To prove the trustor's mental state during the signing.
- Trust Document and Amendments: For any inconsistencies or signs of fraud.
- Communications: Emails, letters, or notes between the trustor, trustee, and lawyer.
- Financial Records: Bank statements, property deeds, and account information.
- Witness Statements: From individuals present during the signing.
Are you already working with a lawyer, or do you need help finding one?

To request the necessary documents, you can write formal letters to the relevant parties. Here’s a sample format for each:
- Medical Records: Contact the hospital or doctor where the trustor was treated, citing your legal interest and providing necessary authorization.
- Trust Document and Amendments: Request from the lawyer who prepared the trust.
- Communications: Ask the involved parties for any emails, letters, or notes.
- Financial Records: Request from the banks or financial institutions holding the accounts.
- Witness Statements: Reach out to individuals present during the signing and ask for their written statements.
Do you need additional help drafting these request letters?

Yes, you can request the original trust document before the amendments were made. Here’s how:
- Request from the Lawyer: Contact the attorney who drafted the original trust and the amended trust. Formally ask for a copy of the original trust document.
- Court Petition: If the lawyer is uncooperative, you may need to petition the court to obtain these documents.
Do you need assistance drafting the formal request?

Here's a sample formal request letter for the original trust document:
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Lawyer’s Name]
[Law Firm's Name]
[Address]
[City, State, ZIP Code]
Subject: Request for Original Trust Document
Dear [Lawyer’s Name],
I hope this letter finds you well. I am writing to formally request a copy of the original trust document created by [Trustor’s Name] before any amendments were made while the trustor was in the hospital.
As part of my due diligence and in light of concerns regarding the amendments, it is crucial for me to review the original trust to ensure all provisions and intentions are accurately represented. Your prompt cooperation in providing this document would be greatly appreciated.
Please let me know if there are any specific procedures or further information required to facilitate this request. I look forward to your prompt response.
Thank you for your assistance.
Sincerely,
[Your Name]
Would you like help with anything else?

Yes, you can hand-deliver the letter to the lawyer in person. Ensure you keep a copy for your records and get a receipt or acknowledgment of delivery. This helps create a formal record of your request. Would you like assistance with anything else?

To gather more information from the trustee, you should request:
- Complete Trust Document: Including all amendments and related documents.
- Financial Records: Bank statements, account summaries, and transaction histories.
- Property Records: Deeds, titles, and records of any property transactions.
- Communications: Any emails, letters, or notes between the trustee and trustor.
Do you need help drafting another formal request for these documents?

To officially request the documents from the trustee, you can use the following sample format:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Trustee’s Name]
[Trustee’s Address]
[City, State, ZIP Code]
Subject: Request for Trust and Financial Documents
Dear [Trustee’s Name],
I hope this letter finds you well. I am writing to formally request the following documents related to the trust of [Trustor’s Name]:
- Complete Trust Document, including all amendments and related documents.
- Financial Records, including bank statements, account summaries, and transaction histories.
- Property Records, including deeds, titles, and records of any property transactions.
- Communications, including any emails, letters, or notes between you and [Trustor’s Name].
Your prompt cooperation in providing these documents would be greatly appreciated. If there are any specific procedures or further information required to facilitate this request, please let me know.
Thank you for your assistance.
Sincerely,
[Your Name]
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Would you like help with anything else?

In California, there is no specific statutory deadline for a trustee to respond to requests for information. However, they are generally expected to respond within a reasonable time frame, typically 30 days. If they fail to respond, you may need to petition the court for compliance.
Would you like to know how to proceed if they don't respond?

In California, the anti-lapse statute prevents gifts to deceased heirs from lapsing and passing to their descendants. To invoke this law without court proceedings, you typically need to include a provision in the trust or will. However, if the trust doesn't specify, you might still need court intervention.
Would you like assistance in drafting a provision or understanding more about the anti-lapse statute?

To make an official statement, you can use a Declaration form. In California, you typically use the "Declaration" form (MC-*). Here's a sample structure:
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Declaration
I, [Your Name], declare as follows:
*. Personal Information: My name is [Your Name], and I reside at [Your Address].
*. Statement of Facts: (Detail your concerns and the facts as you know them, such as the trustor's mental state, the actions of the trustee, etc.)
*. Supporting Evidence: (List any documents or evidence you have to support your statement.)
*. Conclusion: (Summarize your statement and what you wish to achieve.)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on [Date], at [City], California.
Signature: ________________________
Printed Name: [Your Name]
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Would you like help drafting a specific part of this declaration?