How can you find out trust information?

[DFM1953]

What is the name of your state? Utah

My 2 step-childrens' Father recently passed away. They are his only heirs. Background - In 1996, this man received a large insurance settlement from which he promptly decided that he would-evict his wife and children from their home-file for divorce-refuse to repay debts owed.

Because of this, his children did not made in extra effort to see him or spend time with him. This was okay with him too. It simplified his life by just having to send some money, now and then. The children are concerned that the trust that was set up, suppossedly naming them as benificiaries has been changed excluding them from any inheritance. My belief is this man's family (2 older brothers and 1 sister) will try and take everything that isn't nailed down.

How does one go about finding out the details of a trust?

How does one get a hold of the will?

Can the person in charge of the trust be removed or fired?

If we need to retain an attorney, what specialty should we look at?

Thanks!!!

 

[Dandy Don]

Are you absolutely sure that a trust was set up for the children or are you only guessing about this?

Normally, the will is supposed to be filed within 30 days after the decedent's death, but sometimes the executors don't know this and feel they can take as long as they want to. Check at the county courthouse (of the city where the death occurred) probate court within the next 30 days.

Whenever the will is filed, you can request a copy of it from the court, since it is public record.

However, since there is a strong chance your children might be named as beneficiaries in the will, send a certified letter to the executor (if you know who that is) or to the family, requesting a copy of the will now, just to see how they respond.

Trust is private information known only to the trustee, eventually the trust beneficiaries, and perhaps the attorney who drew it up, and is NOT public record. When the death of the grantor (the father) occurs, normally the trustee begins assuming his responsibilities and in most states, is supposed to notify the beneficiaries by mail that he has assumed those responsibilities. You must be careful not to nag the trustee with persistent questions during this time since he is busy handling/managing the business affairs of the trust. If he is a responsible person, he will be notifying the beneficiaries within the next 30 days of what they are possibly eligible to receive.

If your children are beneficiaries of the trust, they can request a copy of the original trust document and an accounting/financial statement for each year the trust has been in existence.

Try to find out what type of trust it is (revocable living trust, irrevocable trust, etc.) and then check out a book about trusts at the library so you can be more informed about trusts and how they operate.

It is premature to be talking about retaining an attorney to represent your interests, but eventually you may want to hire a probate attorney and/or a trust attorney (to review the trust documents and financial statements to verify that everything is in order), and you may be lucky enough to find one attorney that specializes in both of these fields (usually their specialties are described in their yellow-page ad or on their website).

Yes, a trustee can be fired for breach of duty (if that happens), but you must be willing to give the trustee the benefit of the doubt for behaving responsibly until you find evidence of impropriety. The trustee's position is fairly secure since that is the person who was officially chosen by the grantor (the father, the person who established the trust).

DANDY DON