If you are left money in a Will that spills over to a revocable living trust, are you allowed to get a copy of the trust? 27 Answers as of October 29, 2012

My friend died 7 months ago. I have not been contacted by the executor of the will but I contacted the attorney myself and was told I would be receiving money after the sale of the house because of liquid cash flow reasons. I asked for a copy of the will but was told I was not allowed to see it as the will spilled over into a revocable living trust. I personally know the executor and do not trust him, probate has been disposed 4 months ago and the house still is not on the market. If I am listed in the trust, am I allowed to see a copy of it? As I know, other items in the trust have been dispersed months ago.

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
If there is a probate action and you are an interested person you should have been served with a copy of the will..contact the court and intervene before the probate is finally closed (the personal rep of the estate has ongoing duties for at least a year after the initial closure) Since the probate action is now closed you can file a probate action and ask that the administration of the trust be supervised and that you get a periodic accounting. All this is expensive if you get an attorney. But you really need one to do this for you.
Answer Applies to: Michigan
Replied: 10/29/2012
Edward L. Armstrong, P.C. | Edward L. Armstrong
If you are the beneficiary of a trust you most certainly have a right to see it. If the pour over will was filed for probate you should have received a notice about this. You may go to the Probate Division of the Circuit Court in the county where your friend lived at the time of his/her death and see the will filed.
Answer Applies to: Missouri
Replied: 10/26/2012
Hamblin Law Office | Sally Hamblin
As an interested party because you are a named beneficiary, yes you should have a copy. Go to the probate court and request one or file a petition asking for one.
Answer Applies to: Michigan
Replied: 10/26/2012
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
If you are a beneficiary of the trust you would be entitled to see a copy of it. You can also demand an accounting. You may have to take legal action to do that but you can have him ordered to provide you with copies.
Answer Applies to: Alabama
Replied: 10/26/2012
CARL C SILVER ATTORNEY AT LAW
CARL C SILVER ATTORNEY AT LAW | Carl C Silver
Most likely the will was a pour over will that distributed all property subject to probate to the trust. You should be able to get a copy of the will from the probate court. What you really want to see is a copy of the trust a copy of which you are entitled to as a beneficiary.
Answer Applies to: Michigan
Replied: 10/26/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If you are a beneficiary of the trust, you are entitled to a copy and to annual reports (accounts) of the trust. Send a notice in writing (it must be in writing) to the trustee and AND his attorney requesting the copy of the trust and annual trustee reports. Use the word trust "report" (not "account") or they will whine about the cost of having a CPA do audited financial accounts, which is not required but every trustee whines about it. If you are expecting a substantial amount of money, hire a lawyer to help you with this. If you don't act promptly, the money will go up the trustee's nose, or down on poker and roulette tables, and everybody will be broke and thereby "judgment proof."
    Answer Applies to: Oregon
    Replied: 10/26/2012
    LAW OFFICE OF ROBERT I LONG
    LAW OFFICE OF ROBERT I LONG | Robert I. Long
    In California, following certain events (death of trustor, change of trustee, portion of trust becoming revocable, etc.) the trustee is required to send out a copy of the terms of the trust to each beneficiary of the irrevocable trust and each heir of the settlor, and to render an annual accounting, and there are court proceedings available to compel those disclosures or remove the trustee if the trustee fail s to provide the information voluntarily. It may not be quick, and it can be expensive, but the remedies are available.
    Answer Applies to: California
    Replied: 10/26/2012
    Law Office of Pamela Braynon | Pamela Y. Braynon
    There are so many things to consider before answering this question. Is the personal representative (executor) and trustee the same person. Within 30 days of the trustee registering the trust with the courts, the trustee must keep the beneficiaries reasonably informed of the trust and its administration. As a beneficiary of the trust you may request an accounting of the trust. Either way you should consult an attorney familiar with trusts and the administration of them.
    Answer Applies to: Florida
    Replied: 10/26/2012
    Stephens Gourley & Bywater | David A. Stephens
    The probate is a public record and should have a copy of the will on file, and maybe the trust.
    Answer Applies to: Nevada
    Replied: 10/26/2012
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    Only if you are a beneficiary of the trust, would you be entitled to a copy of the trust. If you are only a beneficiary under the will, then you are entitled to a copy of the Will (although Wills are a matter of public record and you could go to the courthouse in the county where the person died and request a copy - you will have to pay for it).
    Answer Applies to: Florida
    Replied: 10/26/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes, you are allowed to have a copy of the trust, but make a demand in writing by certified mail on the trustee to provide you a copy within ten days; if trustee fails to do so, then you will need to obtain a probate litigation attorney to sue on your behalf. Don't delay on this, as time limits are really very short within which to take certain actions. You may have to file a creditors claim for the value of your interest against the trustee within 120 days from the date of the notice. Urgent, you take care of this matter right away.
    Answer Applies to: California
    Replied: 10/26/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You could petition the court to take jurisdiction over the trust. You would then have access to the trust document.
    Answer Applies to: Minnesota
    Replied: 10/26/2012
    Lisa L. Hogreve, LC | Lisa L. Hogreve
    Contact an attorney to resolve this issue. If you are a beneficiary of a will of a decedent or the beneficiary of a trust that is being administered due to the grantor's death, you have a right to an accounting of the estate or trust assets.
    Answer Applies to: Florida
    Replied: 10/26/2012
    Frederick & Frederick PLC | James P Frederick
    If you are a beneficiary of the trust, then yes, you ARE entitled to a copy of it. I would send a written request to the trustee for a copy. You can also get a copy of the probate file, if you wish. It is possible, if not likely, that the real estate was titled in the trust, in the first place, so would not be part of the estate. You can check with the register of deeds to determine how the property is titled.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    The Center for Elder Law
    The Center for Elder Law | Don Rosenberg
    If you are not a beneficiary of the trust then no. Otherwise you have many rights.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    The Will is a public document. It is required to be filed with the county court where the decedent resided at the time of death. Oregon law typically requires that all beneficiaries be provided with a copy of the Trust Agreement. I suggest you contact an attorney to make a demand letter for you.
    Answer Applies to: Oregon
    Replied: 10/26/2012
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    In Oklahoma a beneficiary under a trust may bring a lawsuit to require that the trustee account for their actions. As part of that suit, you could see the trust document.
    Answer Applies to: Oklahoma
    Replied: 10/26/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    When the will was probated, it became a public record. So you may obtain a copy from the Register of Wills. As a beneficiary of the trust, you should be entitled to see at least those portions of the trust that pertain to you.
    Answer Applies to: Maryland
    Replied: 10/26/2012
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    If the will has been admitted to probate, you can go to the courthouse and review it. The court clerk should be able to help you find the case number, if you don't have it. I'm a bit surprised that the attorney for the estate refused to send you a copy, if the will has indeed been filed with the Court. In any event, you will be able to see a copy of the court file that contains the will, even if the file has been closed. If you are indeed the beneficiary of the trust, then you have a right to a copy of the trust document.
    Answer Applies to: California
    Replied: 10/26/2012
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    If you are the beneficiary of the trust you are entitled to a copy. If the will has gone through probate it will be public record at the probate court for the county of death. You may wish to consult a probate attorney to protect your interest.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    You need to file an action against the Trustee. Barry Your financial plan is not complete until it is co-ordinated with your estate plan. Will your family be provided for when you are gone? Without a Will, the court will decide.
    Answer Applies to: Georgia
    Replied: 10/26/2012
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    Check with the Probate Court At least the will is public record.
    Answer Applies to: Connecticut
    Replied: 10/26/2012
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    If you are a beneficiary or an heir of a trust that becomes irrevocable, then a notice must be sent out to you. That notice gives you information on the administration of the trust and either includes a copy of the trust and other documents or gives you notice of how to obtain those copies, upon demand. Something does not sound right... there are testamentary trusts that are created through a Will, or Will that will pour over assets not in trust to a revocable trust. Usually those are the most common ways of dealing in this area. If there was a probate, you should have been given notice of that. You can go to the court and get the file and make a copy of the Will, right out of the court file. It is public information. It sounds like you might need an attorney to protect your rights and get the information that you have not been able to get on your own. If you would like to contact me, my information is below.
    Answer Applies to: California
    Replied: 10/26/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    In Michigan, thh trustee must give you a copy of the trust.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If you are a beneficiary, you are generally entitled to receive a copy of the trust. The other beneficiates names may be redacted, but you are entitled to see what impacts you.
    Answer Applies to: Nevada
    Replied: 10/26/2012
    Danville Law Group | Scott Jordan
    Yes, you are entitled to receive a copy of the trust. You may also obtain a copy of the will from the county courthouse where the probate matter was filed.
    Answer Applies to: California
    Replied: 10/26/2012
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