Entitled to copies of Will and Trust?

[ajkroy]

What is the name of your state? NH

My father died three months ago in Florida. I am one of six siblings dealing with a relatively large estate. He left a will, a revokable trust, and a separate additional trust to cover the care of his orphaned 13 year-old son. My question may seem naive, but am I entitled to any documentation of the will or revokable trust? I am not the guardian of my brother and do not presume to be entitled to any information about that trust. Two of my siblings were assigned as co-executors by the executor named in the will (he didn't want the job). I am completely in the dark about my dad's wishes and have repeatedly asked for the names of the attorney and accountant, only to be told that "it is being taken care of" and that I am not entitled to any more information than that. Is this the traditional way things are handled?

Thank you in advance for any replies.

 

[BelizeBreeze]

When probate is filed then anyone can get a copy of the will. It's public information. Until then, you have no more claim to the will or other documents than anyone else.

 

[ajkroy]

Thank you, BelizeBreeze (what a great moniker!). For some reason, I thought that information would be private if there was a revokable trust. Is there a time frame or limit for probate to be filed? It has taken a herculean effort to get her to realize that we need to sell some assets in order to pay the estate tax. If we cannot raise the money in enough time, we have agreed to take out a loan and use the assets as collateral. At least we are on the right track.

 

[Dandy Don]

You need to be consulting with a Florida probate and/or trust attorney to find out your rights as a beneficiary. The will is public record (that is normally filed within 30 days after the death), but the trust is private and a trust attorney can tell you whether or not you are entitled to request it by sending it (or having your attorney send) a certified letter to the trustee requesting the trust copy and an accounting statement.

A Florida trust or probate attorney may not be reading this message board.

 

[ajkroy]

Aha. Thanks, Don. I will searh for the will (it has been over three months now) and contact a Florida attorney tomorrow. Unfortunately, my sister is also co-trustee and I think a letter go into her circular file...but it is worth a try. Funny, she was ORIGINALLY co-executor and co-trustee when Dad found out he was sick, but he changed her status and made my uncle sole executor/trustee a few months before he died (my uncle promptly passed on to my sister and another brother after my father was gone, yet is still drawing a life-long salary from the trust). I wonder if my dad forsaw these problems that I am having now with my sister? It makes me wonder.

Thanks for the advice.