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hello
my father passed away last june 19th, 2004. he has a living trust that
mysister is the successor trustee of. i am a benificiary in the trust.
i have not heard from my sister since the week after my fathers
passing. i was a caretaker for him for the last 5 years in his home.
the house is going to be sold as per the trust, as i saw in it before
(the trust).
my question first is...
how soon after my fathers passing, am i able to get a copy of the
living trust?
unfortunatly i must seriously consider getting a small inheiratance
loan, and i require a copy of the trust. my sister and i are noton
good speaking terms so i can safely assume any expidition of a copy
from her would take time. i thought that if i am legally allowed a
copy before we all meet to go over the trust, that i could request
one.
so how soon after my fathers passing am i legally empowered to get a
copy of the living trust as a benificiary?
thank you all
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Borderline wrote:
my father passed away last june 19th, 2004. he has a living
trust that mysister is the successor trustee of. i am a
benificiary in the trust.
i have not heard from my sister since the week after my
fathers passing. i was a caretaker for him for the last 5
years in his home. the house is going to be sold as per the
trust, as i saw in it before (the trust).
What state are you in? Local law may have a different impact
depending where you live.
my question first is...
how soon after my fathers passing, am i able to get a copy
of the living trust?
As soon as your sister will give it to you. You may be entitled to a
copy immediately.
unfortunatly i must seriously consider getting a small
inheiratance loan, and i require a copy of the trust. my
sister and i are noton good speaking terms so i can safely
assume any expidition of a copy from her would take time.
i thought that if i am legally allowed a copy before we all
meet to go over the trust, that i could request one.
As for one now. If you don't get it promptly, you may have to go to
court to make sure you will get what you are entitled to.
Remember - money is thicker than blood.
Stu
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On Tue, 20 Jul 2004, Borderline <line@line.com> in substance
said/asked:
I believe I am a beneficiary of a trust created
by my father who died last month and for which
my estranged sister is the trustee, although I
have not heard from her since the week after
he died. I was a caretaker for him for the last
5 years in his home during which I saw a copy of
the trust, which I believe requires the sale of
his residence.
How soon after my fathers passing, am I able
to get a copy of his trust?
What is a reasonable period in light of all the relevant
circumstances, unless the trust directs otherwise.
Note, meanwhile, that that you state passively that you have "not
heard from" you sister for almost a month does not answer the
question:
Have you asked her for a copy and, if so, what has she said in
response and, if not, why not?
There is not any clearly-statable way based just on the facts as you
report them to tell when exactly it would not be "legal" for your
sister to refrain from giving you a copy of the the trust unless/until
you've answered the question above and also the one below *and*
reported your at least your best recollection about what the trust
says about this subject *and* (since there may be statutorily created
remedial provisions from one jursidiction to another) also answered
the "where?" question.
I thought that if I am legally allowed a copy before
we all meet to go over the trust, I could request
one.
You have not stated any state of facts that explains why you have not
answered the question summarized immediately above and especially not
any that even suggests that you "could [not] request" a copy of the
trust.
I feel constrained to try to get a small inheiratance
loan and need a copy of the trust to do so yet believe
that, since she and I are not on good speaking terms,
I can safely assume she will not expedite giving me
a copy.
Since you imply that you have well-founded reason to believe that your
father's trust probably will have net assets (i.e., that whatever if
any debts there are will be less than whatever combination of real
property or moneys or securities, etc., belong to the trust) of which
you will be entitled to a meaningful trust-specified share, two
related questions your posting/query appears to raise but without even
a sufficient hint of a probable answer from you is:
Why is there any need to await to "meet to go over the trust" before
you ask your sister to give you (e.g., tomorrow) a payment on account
of whatever sum you're probably entitled to on account? Why, in other
words, is there any reason (let alone: need) for you to borrow any
funds from any third-party rather than obtain whatever may be the
desired sum from the trust?
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hello
my father passed away last june 19th, 2004. he has a living trust that
mysister is the successor trustee of. i am a benificiary in the trust.
i have not heard from my sister since the week after my fathers
passing. i was a caretaker for him for the last 5 years in his home.
the house is going to be sold as per the trust, as i saw in it before
(the trust).
my question first is...
how soon after my fathers passing, am i able to get a copy of the
living trust?
If your state is California, which has well-developed law on living
trusts, you would be entitled to a copy on request, so long as you're
a beneficiary or an heir. The trustee (Sister) would be required to
serve you with notice within 60 days of the settlor's (Father's)
death. If Sister does not comply, you would have a case for damages
against her; if her noncompliance were so egregious as to amount to a
breach of trust, you could possibly get her removed. Enforcing any of
your rights against uncooperative Sister will probably require that
you get a lawyer involved.
Other states will have somewhat similar provisions, but you have to
look to your state's laws, since these trusts are creatures of state
law.
--
Not a lawyer,
Chris Green
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