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  1. #1
    sidedish is offline Junior Member
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    Am I entitled to copies of anything now?

    What is the name of your state? KS

    I am a beneficiary in my Aunt's Trust who died 6 mo ago. Her brother is the Trustee and has left everything up to the lawyer (who is a relative of theirs). The brother, 83, (executor) , according to her Trust, as I've been told by the brother, is entitled to all the interest money while he is alive, but not what is actually in the Trust. Then, I am one of two beneficiaries.

    My question: Is there a way I can get a copy of the Trust even if the lawyer and executor are not being cooperative at this point in giving it out. Also, am I entitled to copies of her year-end IRS papers, etc. and all Trust expenses as long as the brother is living? I feel, without being involved and without any information regarding my Aunt's Trust, that things may not be honest. If I am entitled to copies of her Trust expenses, etc., how do I get that without the cooperation of lawyer and executor?

    So far, the lawyer won't return my phone calls and the brother (executor) is not the least bit helpful. I am interested in what is in the Trust as of now and what will, hopefully, be left after so many years, and how do I keep track of all this, and how do I keep all this honest? Supposedly, what is actually in the Trust, stays in the Trust until the brother passes. Thanks.
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by sidedish
    Is there a way I can get a copy of the Trust even if the lawyer and executor are not being cooperative at this point in giving it out. Also, am I entitled to copies of her year-end IRS papers, etc. and all Trust expenses as long as the brother is living?
    Most of those documents should have been filed with the probate court. Contact the court and get a copy of the filings.
  3. #3
    Dandy Don is offline Senior Member
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    Since it is most unlikely that a Kansas attorney would be reading this message board, you may want to post a briefer version of your question on another free legal advice website called [url]www.lawguru.com[/url] where you are sure to get qualified responses from local attorneys in your area, or better yet, consult with a local trust attorney yourself. You also need to be asking the attorney if there is a way you can request that the trustee purchase a trustee's bond to protect the financial interest of the beneficiaries by possible theft by the trustee.

    You need to be finding out exactly what your rights are as a trust beneficiary (some states permit the beneficiary to request a copy of the trust and accounting information by sending the trustee a certified letter, and other states do not allow this). It's very odd that they don't want to communicate with you as this is information that you have a right to know.

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
  4. #4
    sidedish is offline Junior Member
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    I checked and nothing has been filed with probate court. I will submit a question to the other site you suggested Dan.

    Thanks
  5. #5
    seniorjudge is offline Senior Member
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    Quote Originally Posted by sidedish
    What is the name of your state? KS

    I am a beneficiary in my Aunt's Trust who died 6 mo ago. Her brother is the Trustee and has left everything up to the lawyer (who is a relative of theirs). The brother, 83, (executor) , according to her Trust, as I've been told by the brother, is entitled to all the interest money while he is alive, but not what is actually in the Trust. Then, I am one of two beneficiaries.

    My question: Is there a way I can get a copy of the Trust even if the lawyer and executor are not being cooperative at this point in giving it out. Also, am I entitled to copies of her year-end IRS papers, etc. and all Trust expenses as long as the brother is living? I feel, without being involved and without any information regarding my Aunt's Trust, that things may not be honest. If I am entitled to copies of her Trust expenses, etc., how do I get that without the cooperation of lawyer and executor?

    So far, the lawyer won't return my phone calls and the brother (executor) is not the least bit helpful. I am interested in what is in the Trust as of now and what will, hopefully, be left after so many years, and how do I keep track of all this, and how do I keep all this honest? Supposedly, what is actually in the Trust, stays in the Trust until the brother passes. Thanks.


    How do you know that you are a beneficiary?
    There are two rules for success:

    (1) Never tell everything you know.
  6. #6
    sidedish is offline Junior Member
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    Aug 2006
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    I know that I am a beneficiary because my Aunt told me that before she passed, and also I asked her brother, and he told me he gets the interest until he passes, then her Trust will be divided between my cousin and myself. That is all the info I have regarding this.

    It would be so beneficial to have a copy of the Trust, and I wish now that I had asked for one before she passed, but I didn't foresee the complications, the silence, regarding her Trust. I am at least grateful that her brother told me, confirming what my Aunt told me, that I am a beneficiary.

    I appreciate all the help.

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