QUESTION
How to get trustee of trust to provide copies of trust to beneficiaries and how long to execute the trust wishes.
Asked on Jan 07th, 2015 on Trusts and Estates - Texas
More details to this question:
My father died in 2012, stepmother waited to probate the will until 2013, there was a testamentary trust and a family living revocable trust, she called in the last part of (December) 2014 and wanted to know if I would trade the 30 acres left to me in the trust for another 30 acres her daughter and son-in-law (which is my brother) owns, I had no knowledge of the 30 acres before that day and that I was a even a beneficiary of a trust. She is refusing to provide me with a copy of the trust and said if I did not trade my 30 acres she would hold that acreage in the family revocable living trust until she dies. It just doesn't seem correct that she can withhold property from me but yet give 20 acres to her daughter and my brother whom is married to her daughter his 50 acreage. Action requested.
1 ANSWER
Kevin Spencer
Generally speaking, if you are a named beneficiary in the Trust, you are entitled to receive a copy of it. We would simply demand that she produce a copy to you. Since it is a testamentary trust, it is contained in the Will itself, which, now that it has been offered for probate in 2013, is public record. You can call or go to the County Clerk where the Will is filed (usually in the County of residence of the Decedent at the time of his death) and get a copy of it. The latter is the quickest and easiest way to find out what you own in that Trust.
The Revocable Trust, presumably, was created by his Will and was funded with surviving wife's property. She cannot withhold property that should have been in the Testamentary Trust in her own revocable trust to your detriment. If she does so, she is violating her fiduciary duties and can be held liable for same, if you file suit. If you do not file suit or do something to change your current position, then you are subject to her decisions and, frankly, her whim. In other words, if you do nothing about this, nothing will happen.
Call me today, if you have more questions at (2124) 965-9999.
Sincerely,
Kevin Spencer
Please visit our website as well at: www.spencerlawpc.com
Answered on Jan 19th, 2015 at 1:04 PM