J
joyce1
Guest
Can I receive a copy of a trust that has been issued and I believe has been executed if I am not listed in the trust as either an heir or an executor? Are the contents of a trust available to anyone inquiring as a public record?
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A
advisor10
Guest
(01-18-2001)
Generally speaking, you can not receive a copy of anyone's trust documents, as they are stricly confidential (which is one of the main reasons that people select this method) and not available as public record.
What is the reason that you would want to see the trust documents/records? Since they are prepared in an attorney's office or in the trust department of a bank, sometimes you might be able to get access (under rare conditions) if you had a good reason or if someone at the bank or attorney's office was sympathetic to your case if you might have a financial interest or were related to the trust owner/decedent.
SINCERELY,
[email protected]
Generally speaking, you can not receive a copy of anyone's trust documents, as they are stricly confidential (which is one of the main reasons that people select this method) and not available as public record.
What is the reason that you would want to see the trust documents/records? Since they are prepared in an attorney's office or in the trust department of a bank, sometimes you might be able to get access (under rare conditions) if you had a good reason or if someone at the bank or attorney's office was sympathetic to your case if you might have a financial interest or were related to the trust owner/decedent.
SINCERELY,
[email protected]
J
joyce1
Guest
Thanks
I just wanted to say thank you to the person who answered my question. My friend’s daughter is listed in the trust as an heir. There was a mistake when it was written for she is listed as an adult when in reality she is a minor. The executor is his daughter’s mother. The reason for the inquiry is the mother had also been listed as a trustee on another trust several years ago for her son in which he was to receive about $30,000.00. The mother somehow was able to receive the money for herself and the son had to take her to court for his inheritance. The son did win the case but my friend would like to avoid having to go through such a process if she is able to do the same thing she had done in the past. His daughter will be ready to go to college in a few years and the mother has already told her she will need to look elsewhere for college funds never mentioning the trust in which she is listed as an heir.
I just wanted to say thank you to the person who answered my question. My friend’s daughter is listed in the trust as an heir. There was a mistake when it was written for she is listed as an adult when in reality she is a minor. The executor is his daughter’s mother. The reason for the inquiry is the mother had also been listed as a trustee on another trust several years ago for her son in which he was to receive about $30,000.00. The mother somehow was able to receive the money for herself and the son had to take her to court for his inheritance. The son did win the case but my friend would like to avoid having to go through such a process if she is able to do the same thing she had done in the past. His daughter will be ready to go to college in a few years and the mother has already told her she will need to look elsewhere for college funds never mentioning the trust in which she is listed as an heir.
A
advisor10
Guest
(01-22-2001)
What state was the trust located in? Let me know so that I can check something for you.
In approximately 18 states of the US, the beneficiary of a trust CAN see the documents related to the trust, but they must make a special request by letter to the trustee and the trustee IS required by law to turn over the information.
SINCERELY,
[email protected]
What state was the trust located in? Let me know so that I can check something for you.
In approximately 18 states of the US, the beneficiary of a trust CAN see the documents related to the trust, but they must make a special request by letter to the trustee and the trustee IS required by law to turn over the information.
SINCERELY,
[email protected]
J
joyce1
Guest
California! I am sorry I forgot to mention my state in my original question. Again thank you for your help.
A
advisor10
Guest
(01-22-2001)
I'm sorry that California is NOT one of the states where a beneficiary can request to see the trust documents, but you still should consult with a local probate/estate attorney or the trust department of a bank to find out what your options are--there still may be a way to get access.
How are you so absolutely certain that the daughter was named in the trust? If I were you I would try to look at the court records involving the son's case against his mother to see if they can be viewed by the public. Maybe if the son knows what bank his mother used, if the same trust account is involved, you may be able to check with that bank to get some information.
That trust really does need to be looked into in order to find out how she accounted for the son's money and whether or if she spent the daughter's funds, too.
It's sad that a mother would do this to her own flesh and blood--I'm sure that the daughter would be grateful for any assistance she could get with her college expenses.
SINCERELY,
[email protected]
I'm sorry that California is NOT one of the states where a beneficiary can request to see the trust documents, but you still should consult with a local probate/estate attorney or the trust department of a bank to find out what your options are--there still may be a way to get access.
How are you so absolutely certain that the daughter was named in the trust? If I were you I would try to look at the court records involving the son's case against his mother to see if they can be viewed by the public. Maybe if the son knows what bank his mother used, if the same trust account is involved, you may be able to check with that bank to get some information.
That trust really does need to be looked into in order to find out how she accounted for the son's money and whether or if she spent the daughter's funds, too.
It's sad that a mother would do this to her own flesh and blood--I'm sure that the daughter would be grateful for any assistance she could get with her college expenses.
SINCERELY,
[email protected]
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