how to obtain a copy of your living trust from your attorney

If you know the attorney that drafted the trust, you can contact them to request a copy. But, if that attorney has since retired or the attorney died, it can be difficult to find the location of the transferred files.

Full Answer

Can I get a copy of a living trust?

Make a request in writing and send it to the deceased person's trustee. All heirs and successors have a legal right to a copy of a living trust. File a petition with the court of residence of the trustee and ask for an accounting, along with the terms of the living trust. The trustee is required by law to provide this.

What do I put in a living trust?

If you know the attorney that drafted the trust, you can contact them to request a copy. But, if that attorney has since retired or the attorney died, it can be difficult to find the location of the transferred files. When you establish a living trust, you need photocopies of the document to transfer some of your property such as stocks to your trust. So, your investment adviser may …

Who has a copy of a revocable living trust?

Feb 08, 2022 · Store your living trust document where you keep important papers such as your will or durable power of attorney. A fireproof box in your home or office is fine. ... The only way to obtain a copy of the Trust is to demand a copy from the Trustee (or whoever has a copy of the documents, if not the Trustee).

How do I put property into a living trust?

Oct 04, 2018 · The only way to obtain a copy of the Trust is to demand a copy from the Trustee (or whoever has a copy of the documents, if not the Trustee). Filing a Petition with Probate Court If the Trustee fails or refusing to comply, then you must file a …

How do I get a copy of a living trust?

File a petition with the court of residence of the trustee and ask for an accounting, along with the terms of the living trust. The trustee is required by law to provide this. If the trustee does not respond, request a copy of the living trust from probate court.

How do I request a copy of a trust letter?

In the certified letter, include your name, contact information, and legal basis for requesting a copy of the trust, including the relevant law entitling you to a copy. It may also be wise to include your right to file a petition with the probate court if the trustee continues to refuse your request.

Is a living trust public record in California?

Just for your information, a trust is not a public record, so it's impossible to retrieve a trust document from a public office, agency or anyone who is not a beneficiary and doesn't have the rights to know about the details your trust.Oct 4, 2018

Is a living trust recorded in California?

In California, a trust does not have to be recorded to be legal unless it holds title on real estate. If a trust does not hold title on real estate property, all assets held in the name of the trust are kept private.

Where are trust documents kept?

In some cases, the original trust documents are kept in the drafting attorney’s safe , and the client is provided with copies of the signed documents. When the drafting attorney moves or retires, the original documents can be returned to the client or transferred to the attorney who is taking over the practice.

Do you need a copy of a trust agreement?

So, your investment adviser may be able to provide you with a copy. In addition, your tax preparers and accountants should have copies of the trust agreement along with a copy of your will in their permanent files.

Where to store a living trust?

It’s important to store your living trust document in a fireproof and waterproof box in your home or in a safe deposit box. Make sure that your spouse, partner, or successor trustee knows the location of your original document.

Using Appropriate Language in the Request

So let’s take a look, and we’re going to start with a blog post that we did on our website – quite a while ago now.

Obtaining a Copy of the Will

So you can see under the first paragraph of this language for obtaining a copy of the Will, it references Probate Code, Section 8200, and it’s saying that you as executor, so you’re sending this to the executor, are required to deliver a copy of the Will to the County Superior Court where mom and dad died within 30 days of mom and dad’s respective deaths.

Filing With The Court

The next step is going to be filing with the court and asking for a court order, ordering them to hand over the will, but at least, this is the starting point. You need to get this written request out as soon as possible.

Obtaining a Copy of a Trust

Now let’s talk about obtaining a copy of a Trust. Trust work in a lot of the same ways, except trusts are not typically sent to the County Court the way Wills are.

What is a direct beneficiary?

A direct beneficiary is a person who receives an immediate benefit from the trust. For example, if the trust is created and you have been given an immediate right to some portion of the income of the trust, then you are a direct beneficiary. You are entitled to a copy of the Trust if you are a direct beneficiary.

What happens if a trust is revocable?

If the trust is revocable, then you, then, as a contingent beneficiary, you are not entitled to any information until the trust becomes irrevocable.

Can you see a copy of a trust in California?

By the way, Trusts are not recorded anywhere. That means you cannot go to the County Recorder’s office and ask to see a copy of the Trust. And you cannot go to any other California government office and ask to see the Trust. Trusts are private documents and they typically remain private even after someone dies.

How to get a copy of a trust?

The only way to obtain a copy of the Trust is to demand a copy from the Trustee (or whoever has a copy of the documents, if not the Trustee).

Where to keep a revocable trust in West Virginia?

In West Virginia, generally revocable trusts are retained by the Grantor (person who executed the trust) and lawyers usually suggest they keep them in a safe or safe deposit box. So you might look there. Occasionally, if real estate is involved, the trust may be recorded in the local office of the county clerk.

Can you get a copy of a trust?

Generally, there is no right to a copy of a trust . If you are a beneficiary and you believe that the trust is being improperly handled, you can sue the trustee and get a copy of the trust. Otherwise, all you can do is ask politely.

Can you see a trust without permission?

The trustee of the trust would have the original document but, unlike wills, Trusts are not public documents, at least not until they become a matter of public record for whatever reason. If your mother does not have the mental capacity to give you permission to see her trust and the trustee won't let you see the trust without that, you might consider having yourself appointed a guardian of the person and conservator of the estate of your mother. This could be expensive and is a court proceeding that would require the assistance of an attorney.

Can you get a copy of a revocable trust in California?

Under California law a revocable trust is obtainable only by the current Trustee and beneficiaries. If you are neither, then you can not get a copy of the Trust. If your mother needs assistance and the current Trustee won't or can't help, then you may need to pursue a conservatorship. You should consult an attorney who does conservatorships.

Can you see a trust after your mother dies?

You may not be able to. Trusts are not public documents. If you are not named as trustee or current beneficiary in the trust, then you have no current right to see it. Upon your mother's death, you would be entitled to at least the portion of the trust that applies to you. You would make a written request to the trustee, at that time, for a copy of the document.

Using Appropriate Language in The Request

• So let’s take a look, and we’re going to start with a blog post that we did on our website– quite a while ago now. This was done on September 5th, 2014 and in this blog post, we actually have language that you can use, you can actually take this language, pop it into an email or a letter and send it off to the named executor or trustee to try and get a copy of the documents. But let’s sta…

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Obtaining A Copy of The Will

Filing with The Court

Obtaining A Copy of A Trust

as A Beneficiary, Am I entitled to A Copy of The Trust?

• You are entitled to a copy of the Trust if you are a direct beneficiary. A direct beneficiary is a person who receives an immediate benefit from the trust. For example, if the trust is created and you have been given an immediate right to some portion of the income of the trust, then you are a direct beneficiary. You are entitled to a copy of the Trust if you are a direct beneficiary. You are a…

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What If The Trustee Refuses to Provide A Copy of The Trust?

What Happens After I Get A Copy of The Trust?