My father is now deceased.
I am the only living child of my mother. Am I able to request a copy of the trust that my mom and dad have?
Anyone can request a copy of a trust. It is up to them to give it to you though. There is no requirement that they do so.
Craig W. Smalley, E.A., C.E.P.
Admitted to Practice Before the Internal Revenue Service
Certified Estate Planner
Are you a (the) beneficiary? If so, you should be able to get a copy as the trust became irrevocable at your father's death.
In that event, make a written request to the trustee. If the trustee refuses, then a
petition can be filed with the court asking that the judge order the
trustee to provide a complete copy of the trust. If this step is
required, then the judge also has the authority to order that the
beneficiary’s attorney fees and court costs be paid by the trustee.
Good luck and I hope this helps!
Depending upon their next worth, their estate plan may have one, two or three trusts. If you are the beneficiary of any or all of the trusts, their attorney would have copies and would likely give them to you to read. If your Mom is not the trustee of all the trusts, you could as the trustee for a copy.
This is ticklish I am guessing, or you could just ask your Mom. But bottomline, if you are a beneficiary, you are entitled to know what your rights and responsibilities are.
Hope this helps
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