How can one obtain a copy of an existing revocable trust?

Question

My mother is dealing with severe mental issues. She has an established rev. trust. How can one obtain a copy of this trust?

Robert Long · Answer

This is a "Catch-22" situation. If she is no longer competent to manage her affairs, then the successor trustee can do whatever the trust provides in order to establish that she should be replaced as trustee, BUT YOU NEED A COPY OF THE TRUST IN ORDER TO CONFIRM WHO IT NAMES AS TRUSTEE AFTER HER, AND THE PROCEDURE FOR APPOINTING A SUCCESSOR! There may be a court procedure short of conservatorship to compel production of a copy of the trust and to determine capacity, but you will need a trust and estates attorney to navigate it.

James Weiner · Answer

Ask her for a copy.

Randall Romei · Answer

If you know the identity of the trustee, address a request to the trustee.  If you do not have access to your mother's home ask the attorney who prepared the trust.  The trust is not a matter on the public record.  As a child and descendant of the settler you do have an interest in the Trust and a copy should be made available to you, even if only to show that you are not a legatee or beneficiary of the trust.

Patrick Currin · Answer

Typically the trustee (or successor trustee as the grantor is often the initial trustee) will have been made privy to the trust documents.

Brian Haggerty · Answer

Only your mother would have copies; if you know what lawyer created the trust documents, and if you have power of attorney for your mother, you might be able to get copies.

James Chandler · Answer

It is your mothers trust ask her for a copy.

Christine James · Answer

Find it in her home or find the attorney who drafted it.  Only if you have a doctor's declaration of incapacity will the attorney give it to you.  You really need an attorney.

Ronald Nims · Answer

Generally, there is no right to a copy of a trust. If you are a beneficiary and you believe that the trust is being improperly handled, you can sue the trustee and get a copy of the trust. Otherwise, all you can do is ask politely.

Neil Lehto · Answer

Nope. Copies of her trust are her private property. A probate court petition for appointment of a conservator would be needed. The conservator could search for and, if necessary, obtain a court order for its production.

Jayne Sebby · Answer

You can ask the trustee for a copy. However, unless you are named in the trust, you may not have a right to see it or to get a copy of it. If your mother is so severely ill that she is no longer competent, you can petition the local probate court to name you your mother's conservator and then you can work with the trustee directly.

Edward Armstrong · Answer

The trustee of the trust would have the original document but, unlike wills, Trusts are not public documents, at least not until they become a matter of public record for whatever reason. If your mother does not have the mental capacity to give you permission to see her trust and the trustee won't let you see the trust without that, you might consider having yourself appointed a guardian of the person and conservator of the estate of your mother. This could be expensive and is a court proceeding that would require the assistance of an attorney.

Edwin K. Niles · Answer

Trusts are usually retained by the trustor (Mom). If you can't find it, and you are the secondary trustee, maybe the lawyer can give you a copy.

Frances Headley · Answer

Under California law a revocable trust is obtainable only by the current Trustee and beneficiaries. If you are neither, then you can not get a copy of the Trust. If your mother needs assistance and the current Trustee won't or can't help, then you may need to pursue a conservatorship. You should consult an attorney who does conservatorships.

John Brennan · Answer

The revocable trust should be available either from your mother or the person who has her power of attorney if she is no longer able to act on her own.

Victor Waid · Answer

Only from your mother, by asking her.

C. Hamrick · Answer

In West Virginia, generally revocable trusts are retained by the Grantor (person who executed the trust) and lawyers usually suggest they keep them in a safe or safe deposit box. So you might look there. Occasionally, if real estate is involved, the trust may be recorded in the local office of the county clerk.

Bernard H. Greenberg · Answer

Consider asking the trustee for a copy of the trust, or even asking your mother. Bear in mind that you may not be entitled to a copy of the document at this time. For more detailed information, consult with a lawyer who specializes in trusts.

James Frederick · Answer

You may not be able to. Trusts are not public documents. If you are not named as trustee or current beneficiary in the trust, then you have no current right to see it. Upon your mother's death, you would be entitled to at least the portion of the trust that applies to you. You would make a written request to the trustee, at that time, for a copy of the document.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

How can one obtain a copy of an existing revocable trust?

18 ANSWERS

Find Local Estate Planning Lawyers

Helpful Resources

Ask a Lawyer