QUESTION
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?
Asked on Oct 24th, 2012 on Estate Planning - Michigan
More details to this question:
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.
15 ANSWERS
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
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.
Answered on Oct 29th, 2012 at 6:22 PM
Probate Attorney serving St. Louis, MO
at
Edward L. Armstrong, P.C.
Update Your Profile
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.
Answered on Oct 26th, 2012 at 8:50 AM
Bankruptcy Attorney serving Alpena, MI
at
Carl C. Silver Attorney at Law
Update Your Profile
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.
Answered on Oct 26th, 2012 at 8:48 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
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."
Answered on Oct 26th, 2012 at 8:47 AM
Civil Litigation Attorney serving Ventura, CA
at
The Law Office of Robert I. Long
Update Your Profile
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.
Answered on Oct 26th, 2012 at 8:46 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
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.
Answered on Oct 26th, 2012 at 8:44 AM
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.
Answered on Oct 26th, 2012 at 8:42 AM
Trusts and Estates Attorney serving Troy, MI
at
Barron, Rosenberg, Mayoras & Mayoras, P.C.
Update Your Profile
If you are not a beneficiary of the trust then no. Otherwise you have many rights.
Answered on Oct 26th, 2012 at 8:41 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
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.
Answered on Oct 26th, 2012 at 8:40 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
at
Whiteford, Taylor & Preston L.L.P.
Update Your Profile
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.
Answered on Oct 26th, 2012 at 8:39 AM
Federal Taxation Attorney serving Livonia, MI
at
Gold & Associates PC
Update Your Profile
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.
Answered on Oct 26th, 2012 at 8:37 AM
Elder Law Attorney serving Hollister, CA
at
Charles R. Perry
Update Your Profile
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.
Answered on Oct 26th, 2012 at 8:37 AM
3 Awards
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.
Answered on Oct 26th, 2012 at 8:36 AM
Neal Michael 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.
Answered on Oct 26th, 2012 at 8:36 AM
Leonard A. Kaanta
In Michigan, thh trustee must give you a copy of the trust.
Answered on Oct 26th, 2012 at 8:35 AM