QUESTION

Is it legal for a trustee not inform family members what is in a parent's will?

Asked on Oct 10th, 2017 on Estate Planning - Oregon
More details to this question:
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6 ANSWERS

Corporate/Business Attorney serving Beachwood, OH at Christine Sabio Socrates Attorney at Law
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Typically, a will is probated and served on all beneficiaries and next of kin after the testator has passed away. If there is a trust, there also be a will that should be probated and served on required parties. You can demand a copy of the will if you are an interested party.
Answered on Oct 16th, 2017 at 12:00 PM

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Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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Illinois statute requires that the Will of the decedent be filed with the clerk of the court for the county of the decedent's residence. The Will is supposed to be a matter of public record. A trust is not a matter of public record. Beneficiaries and contingent beneficiaries should be provided with a copy of the Trust Agreement so they can understand their rights under the trust. Family members are interested persons and there are ways via probate action to force the release of the trust document. You should discuss your situation with an attorney.
Answered on Oct 12th, 2017 at 1:31 AM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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A. Whoever has a will of a decedent is required to file it with the Court, even if it is not going to be submitted for probate. So you have a right to see the will. B. Your use of language makes me think that you may want to ask a different question. Who do you mean by "family members?" Whose parent? The trustee's parent? The family members' parent? And do you mean to ask about a trust instrument, or only the will? C. Heirs of the decedent and beneficiaries of a trust are entitled to a copy of the irrevocable terms of the trust. That certainly includes the decedent-settlor's children, but my not include all family members.
Answered on Oct 12th, 2017 at 1:31 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Trustees administer trusts, wills are administered by executors. No person has the right to know the terms of a living person?s will. Once the person has died, All who inherent under the will plus those who would inherent if no will have a right to examine the wills.
Answered on Oct 12th, 2017 at 1:30 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Usually, yes. No one has the right to see another person's will until the will is offered into probate.
Answered on Oct 11th, 2017 at 5:12 AM

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No, qualified. But then, a trustee isn't bound by a will. A trustee is bound by a trust agreement. The trustee must provide a copy of the trust agreement to any beneficiary who requests one in writing. The will is completely irrelevant until submitted to the court at the beginning of probate, and when that happens you can go to the courthouse and request to review the probate file, and thereby see the will. The trust will not involve a court filing, unless you're forced to sue the trustee to enforce compliance with the duties of a trustee. Ask yourself, how much money and property is in the estate? Is it enough to get the advice of a lawyer to help you sort out what is going on with the trust? Do not waffle. Either hire a lawyer and find out what is going on, or let it go. That's my two cents worth.
Answered on Oct 11th, 2017 at 5:09 AM

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