My mother has been put into a Alzheimer’s hospital, how can I get a copy of her Trust?

UPDATED: Oct 2, 2022

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My mother has been put into a Alzheimer’s hospital, how can I get a copy of her Trust?

My mother’s husband is acting suspicious, he has put my mom into an Alzheimer’s hospital and wants me to wait 2 weeks before I can see her in the hospital. My mom has told me recently that I’m in her Will and would be taken care of financially. However, I don’t trust this guy.

Asked on August 23, 2019 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A will only takes effect when the person who made the will (the "testator") passes away--before then, it can be freely changed, revised, revoked, replaced, etc. by the person. It is a purely hypothetical document until the testor's death. Therefore, there is no right to see it until the person's death, since it may as well not exist until then.
When your mother passes away, if you believe that you are not receiving what you are entitled to, you can bring a legal action in the probate division or section of what is commonly called "chancery" or "general equity" court (that part of state court in your mother's county of residence that deals with things like wills, trusts, fiduciaries [people like executors, trustees, etc.] and other non-monetary-compensation cases). It would be advisable, if and when that time comes, to retain an attorney to help you; if determined to do it yourself, contact the probate court for instructions on how to challenge a will or how an estate is being distributed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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