More details to this question:
I'm not the Trustee but I am the adult child. The Trustee says she does not have it, which I believe she is not being honest with me.
13 ANSWERS
2 Awards
Speak to an attorney.
Answered on Nov 07th, 2013 at 9:07 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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If the trustee does not have a copy of the trust, they ought to at least have an idea who does have a copy of it. Also, if there are other beneficiaries of the trust, they might have a copy. If the trust assets include any bank accounts, the bank may have a copy of the trust.
Answered on Nov 06th, 2013 at 11:24 PM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Start proceedings in the Probate Court of the County where your parent died.
Answered on Nov 06th, 2013 at 11:23 PM
Edwin K. Niles
It sounds as if you are entitled to a copy. Contact the trustee's lawyer. If none, you should get one yourself.
Answered on Nov 06th, 2013 at 11:23 PM
If you are not a current beneficiary of the trust then you are not entitled to a copy of it. If you are, then the Trustee must provide it. You should make a written request. Consult an estate planning/probate attorney to review all of the facts and assist you.
Answered on Nov 06th, 2013 at 11:23 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It is absolutely not possible for a trustee to administer a trust without having a copy of the document. Put your request for a copy of the trust in writing, and if the trustee doesn't give you one, then you can take her to court, asserting a breach of her duties as trustee.
Answered on Nov 06th, 2013 at 11:22 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Does the trust have an attorney? Call the attorney. Is there another, professional trustee, then ask that trustee. If there is no trust document, I suppose you could sue the trustee for turn over of the property. Was it made in will? Ask to see the will.
Answered on Nov 06th, 2013 at 11:22 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on the situation. If the trust grantor is still alive, it is very likely that you are not entitled to a copy at all. If the grantor is deceased, then you may be entitled to a copy if you are a beneficiary or an heir of the decedent.
Answered on Nov 06th, 2013 at 11:22 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate/trust administration lawyer to make a demand for the copy of the trust, assuming trustor (person making the trust) has died. If not then you would not be entitled to a copy of the trust.
Answered on Nov 06th, 2013 at 11:20 PM
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If the Trustor is deceased you may be able to petition the Probate Court to confirm the Trust and obtain a copy. I suggest starting with a certified letter to the Trustee. Keep a copy to include with your petition.
Answered on Nov 06th, 2013 at 11:19 PM
2 Awards
In CA the trustee is legally required to give Notice and the opportunity for each heir and beneficiary to receive a copy of the trust. Get an attorney ASAP, have the attorney write her a letter demanding a copy and Notice. If she does not provide it, consider probating the estate yourself - that will bring everything out in the open.
Answered on Nov 05th, 2013 at 4:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally you are entitled to see that portion of a trust which effects you. Engage and attorney.
Answered on Nov 05th, 2013 at 4:46 PM
The trustee needs the trust to support her position and how to conduct business under the trust. See an attorney for help.
Answered on Nov 05th, 2013 at 4:44 PM