Is there anyway to get a copy or change anything in a revocable trust without involving my brother? 2 Answers as of September 15, 2015

I am a beneficiary of my mom's revocable trust but my brother won't give me a copy. Mom is still alive, and wants to make changes, but she doesn't have a copy. The law firm who drew it up no longer exists. Is there anyway to get a copy or change anything without involving my brother?

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Terrell Law Office L.L.C
Terrell Law Office L.L.C | Joshua T. Terrell
If your mother truly cannot find her copy and she wants to make changes she may just have to revoke the trust. Your first step would be to have your mother set an appointment with a lawyer that does estate planning.
Answer Applies to: Missouri
Replied: 9/15/2015
Richard J. Keyes Attorney at Law | Richard J. Keyes
I am assuming the trust was not a joint trust between your parents. Most trust documents allow the grantor or settlor to alter, amend and/revoke a trust. Since your mother is the grantor or settlor (the one who set up the trust), she can revoke it. Ask your mother if she ever gave copies of the trust, or even just certain pages, to a bank. If so, go to the bank and get the copies. Take your mother to another estate planning attorney and ask the attorney about revoking the trust and your mother setting up a new trust. Also, some investment companies, such as Edward Jones, will ask for a copy of the trust if your mother has an investment account with the investment company and has it in the name of the trust. Check with the Recorder of Deeds if your mother's house is in the name of the trust. If so, get a copy of the deed and take the deed with you when you see the attorney. Your brother obviously does not want you to see the trust. He is not entitled to keep the trust away from your mother and he may have had it amended to benefit him to your detriment. I would see an attorney as soon as possible.
Answer Applies to: Missouri
Replied: 9/15/2015
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