will the attorney who set my mom's trust have a copy of it?

Sometimes the lawyer who drafted the Trust will keep a copy, sometimes they won’t. It depends on the lawyer. So it’s not that easy to get a copy of the Trust if the person who has it won’t hand it over to you.

Full Answer

Do I get a copy of my parents'trust?

Oct 25, 2011 · In this situation, if you know who is the trustee, you can obtain a copy of the trust from the trustee. If you are not receiving benefits, if the persons who set up the trust are still around you may be able to obtain a copy from them but they are not compelled to provide a copy if they still have the right to revoke or amend the trust.

Can a child see a copy of a trust?

Mar 01, 2017 · tel: (832) 408-0505. Private message. Call. Message. Profile. Posted on Mar 1, 2017. If you are not a beneficiary under the trust, you legally do not have a right to a copy of the trust. You might want to contact the attorney who drafted her will, chances are he/she drafted the trust too, however, if you are not a beneficiary, you do not get a copy...

How do I get a copy of my mother's will and trust?

Jun 08, 2009 · So, try to follow up with the attorney to inquire whether he/she still has a copy or maybe even the original document(s). 2. Generally, a subsequent estate planning document will contain a clause that revokes any prior such document in favor of the new one, to the extent that the newer one is inconsistent with the old one.

Can a lawyer keep a copy of a trust?

An Irrevocable Family Trust. This is a legal arrangement where the grantor transfers legal ownership of the assets. The trustee manages the assets on behalf of the recipient. For example, this includes investing assets, paying taxes on specific assets, and creating written records. For family trusts, the beneficiary is a relative of the grantor.

What happens if you don't receive benefits from a trust?

If you are not receiving benefits, if the persons who set up the trust are still around you may be able to obtain a copy from them but they are not compelled to provide a copy if they still have the right to revoke or amend the trust. Report Abuse. Report Abuse. Please explain why you are flagging this content:

Can you get a copy of a trust from a trustee?

By beneficiary I mean that you are currently receiving benefits, not that you may receive them in the future. In this situation, if you know who is the trustee, you can obtain a copy of the trust from the trustee. If you are not receiving benefits, if the persons who set up the trust are still around you may be able to obtain a copy from them ...

Who can send a copy of a trust agreement?

In addition to the beneficiaries named in the trust, the attorney may choose to send a copy to the trustee's heirs at law who aren't named in the trust or to the beneficiaries named in a prior trust agreement, if one existed. If the trust attorney anticipates that a prior beneficiary will challenge the trust agreement's validity, ...

Why not file a trust with the court?

Not having to file the trust with the court is one of the biggest benefits of a trust because it keeps the settlement a private matter between the successor trustees and trust beneficiaries.

What does an accountant do?

An accountant may also apportion estate and income taxes, allocate estate and trust income and principal, and determine when and if trust accountings need to be given to the trust's beneficiaries.

What is the reading of the will?

Updated March 16, 2021. You've probably seen a movie or television interpretation of "the reading of the will" when family and friends crowd an attorney's office after someone dies. Unfortunately, this is purely a theatrical device designed to create drama and tension within a fictional story.

Do all beneficiaries get a copy of a trust?

All of the initially named beneficiaries are entitled to receive a copy of the trust. The document will help them understand what they're getting, how, and when they're getting the inheritance.

Who is responsible for paying off debts in a trust?

Accountant. The accountant for the trust must receive a copy of the trust agreement to carry out any instructions to pay off debts of the trust and to make sure the successor trustee acts within their power to settle the trust. An accountant may also apportion estate and income taxes, allocate estate and trust income and principal, ...

Who is responsible for settling a trust?

The successor trustee is responsible for settling the trust and needs to review the document to determine beneficiaries and whether any special restrictions or instructions apply ...

1 attorney answer

If you are not a beneficiary under the trust, you legally do not have a right to a copy of the trust.

Gratia P. Schoemakers

If you are not a beneficiary under the trust, you legally do not have a right to a copy of the trust.

1 attorney answer

1. Neither the Rules Regulating the Florida Bar (our ethics rules) nor any published Fla Bar ethics opinions require us to keep files for any specific period of time. We are to be guided by the contents and the wishes of our clients in determining whether to hold on to them.

Dennis Michael Phillips

1. Neither the Rules Regulating the Florida Bar (our ethics rules) nor any published Fla Bar ethics opinions require us to keep files for any specific period of time. We are to be guided by the contents and the wishes of our clients in determining whether to hold on to them.

Who manages the assets of a trust?

The trustee manages the assets on behalf of the recipient. For example, this includes investing assets, paying taxes on specific assets, and creating written records. For family trusts, the beneficiary is a relative of the grantor. Most are revocable unless the arrangement states otherwise.

What is a trust in estate planning?

A trust is a legal document where the grantor transfers assets to a trustee, which is the person or entity that acts as the manager of the assets.

What is the right to an accounting?

Right to an Accounting. Beneficiaries have a right to an accounting of assets. This includes a report of all specific transactions, such as income, distributions, and expenses or fees. For example, if the arrangement holds a house as an asset, the accounting includes mortgage payments, tax payments, and maintenance and upkeep expenses.

What rights do beneficiaries have?

Beneficiaries have more rights, including payment, information, and an accounting of assets. Under specific circumstances, recipients may remove the trustee or terminate the arrangement.

What rights do you have as a beneficiary of an irrevocable trust?

As a beneficiary of this type of arrangement, though, you have specific rights under state estate planning laws . A trust is a legal document where the grantor transfers assets to a trustee, ...

Can a beneficiary terminate a trust?

Additionally, a beneficiary may terminate it, with the court's permission. If all of them agree to end it, then they can petition the court for the trust's termination. For example, if the trustee fulfills the legal document's purpose, such as providing college tuition, then the court may grant the termination request.

Can a trustee be removed from a trust?

Ability to Remove the Trustee. Under specific circumstances, this person can be removed from their duties. To do so, they must petition the court for the removal. This can be done if they believe that the individual is not properly managing the trust in the best interest of the recipients.

What do you do as a trustee?

Attend to tax-related tasks, such as filing tax returns and a closing letter with the state's tax bureau. Distribute assets to the beneficiaries. Trustee guidelines. Trustee guidelines. If you've been named to serve as trustee, these guidelines provide an overview of some of the duties you would generally be expected to perform.

What is the role of executor in a trust?

The executor (sometimes referred to as executrix for females) is responsible for managing the affairs of and settling the estate, including initiating court procedures and filing the deceased's final tax returns. The trustee acts as the legal owner of trust assets, and is responsible for handling any of the assets held in trust, ...

What are the duties of executors?

Generally, the executor of an estate may be expected to perform certain types of duties, including: 1 Represent the estate for legal purposes: Hire an estate attorney, petition the court, and attend court proceedings. 2 Manage the affairs and expenses of the estate, including paying debts and expenses and collecting receivables, planning for cash and liquidity needs, having assets appraised or revalued if necessary, and, in some states, filing a probate inventory. 3 Contact government institutions as needed, to obtain information such as an Employer Identification Number for the estate from the IRS. 4 Issue notifications, such as public notice of probate in newspapers and statutory notice to beneficiaries to inform them of their interest in the estate. 5 Attend to tax-related tasks, such as filing tax returns and a closing letter with the state's tax bureau. 6 Distribute assets to the beneficiaries.

What are the responsibilities of a trustee?

Trustees have many responsibilities, which include at least: Confirming key elements upon assuming the role of trustee: Ensure the assets are safe and under your control, that you understand the terms of the trust and who the beneficiaries are, and that all past account records are in order.

What to do if you don't feel you can carry out your taxes?

If you don't feel you can carry them out effectively, you may be able to hire a professional to help carry out the duties or step down and allow someone else to assume the tasks. Each state has different rules and each situation is unique, so you should always consult with an attorney or tax advisor.

What is the purpose of investing in a trust?

Investing the trust assets (if applicable) in such a way as to make sure the assets are preserved and productive for current and future beneficiaries. Administering the trust according to its terms, including distributing trust assets to the beneficiaries, according to the trust agreement.

Is it a good idea to be a trustee?

Additionally, it may be a good idea to consider family relationships and whether you will be able to make objective decisions and take actions in the best interest of the trust and beneficiaries.

What to do if a court refuses to give you a copy of your documents?

If they refuse to give you a copy but they file it with the court, well that’s easy, you can just go to the court and get a copy from the court, if they refuse to do both, at least now you have it in writing that you made your demand.

Can you find a trust in a bank?

You’re never going to find a Trust out there in some data bank where you can see it. Trusts or private documents, they’re usually given to the client, the client then has to maintain them. Sometimes the lawyer who drafted the Trust will keep a copy, sometimes they won’t. It depends on the lawyer.

Do you have to serve a copy of a trust to a child?

The trustee is also required to serve a copy of the Trust on heirs at law of the trust settlor, not just trust beneficiaries. So if you’re a child and you want to see your mom or dad’s Trust, and your mom and your dad are deceased, even if you are not a beneficiary of that Trust, you’re still entitled to see a copy of the documents.

Successor

Beneficiaries

Heirs and Prior Beneficiaries

• In addition to the beneficiaries named in the trust, the attorney may choose to send a copy to the trustee's heirs at law who aren't named in the trust or to the beneficiaries named in a prior trust agreement, if one existed. If the trust attorney anticipates that a prior beneficiary will challenge the trust agreement's validity, state law will dic...

See more on thebalance.com

Accountant

Personal Representative Named in The Will

IRS and State Taxing Authority

Trusts Are Not Public Record