QUESTION
How can I obtain a copy of the living trust my mother has set up?
Asked on Aug 17th, 2017 on Estate Planning - Oklahoma
More details to this question:
My family has owned a family business for over 25 years. A few years ago, my mother changed the details of the trust and I need to get a copy of the trust. How do I accomplish this?
10 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Send her a letter requesting a copy. Be careful. She could elect to write you out of the trust.
Answered on Aug 23rd, 2017 at 5:27 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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The trust is not a public document. You can ask your mother for a copy, but she is not obliged to give it to you.
Answered on Aug 21st, 2017 at 7:56 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If your mother is still alive and serving as trustee, you have no right to see it. If she wants to give it to you, she can. After she is deceased, then you are entitled to see a copy of the provisions of the Trust, as amended, assuming that it is no longer revocable at that time.
Answered on Aug 21st, 2017 at 7:56 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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While your mother is alive the only way is to ask her. After she passes you may demand a copy if you are a beneficiary of the trust.
Answered on Aug 21st, 2017 at 7:55 PM
Thomas Edward Gates
Sorry, you cannot get a copy of the trust. You lack standing to do so.
Answered on Aug 21st, 2017 at 7:54 PM
Ask your mother. If she filed a copy with the clerk of the court you should be able to get a copy there.
Answered on Aug 21st, 2017 at 1:33 AM
You ask your mother, as you have no legal right to get it without the consent of the trustor or trustee.
Answered on Aug 21st, 2017 at 1:32 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Unless the person who set up the trust voluntarily gives you a copy you probably don't have a right to a copy. After all, you don't own the business, what would give you the right to snoop on the owner's estate planning.
Answered on Aug 21st, 2017 at 1:32 AM
In Oklahoma, the creator of a trust does not have to give anyone a copy of the trust. Beneficiaries may receive a copy once the creator of the trust (called the Trustor) passes away. However, while she is alive, she can keep it private.
Answered on Aug 21st, 2017 at 1:32 AM
You can ask your mother for a copy. If the trust relates to the business, the business office should also have a copy. However, unless you have some sort of claim to the business, such as a partial ownership, you may not be legally entitled to obtain a copy. If you believe your mother was incompetent when she made the changes or that someone coerced her to make changes, you may need to apply to a local court to obtain a copy.
Answered on Aug 21st, 2017 at 1:32 AM