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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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On Mon, 19 Jul 2004 19:37:47 GMT, Borderline <line@line.com> wrote:
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
sorry, but it should say Living TRUST in the subject. i should
proofread more often.
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On Mon, 19 Jul 2004 19:37:47 GMT, Borderline wrote:
how soon after my fathers passing, am i able to get a copy of the
living trust?
A "living trust" is a trust that takes effect before death (as
opposed to a "testamentary trust" which is contained in a will
and does not take effect until the will is probated).
I don't know the answer to the question whether/when a trust
beneficiary is entitled to a copy of the trust agreement. I
would expect it to be a matter of state law, so the answer
could vary from state to state.
But since it is a -living- trust, the fact or date of your
father's death ought to be irrelevant.
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On Mon, 19 Jul 2004 19:38:35 -0500, tomG <tmg@jorsm.com> wrote:
On Mon, 19 Jul 2004 19:37:47 GMT, Borderline wrote:
A "living trust" is a trust that takes effect before death (as
opposed to a "testamentary trust" which is contained in a will
and does not take effect until the will is probated).
I don't know the answer to the question whether/when a trust
beneficiary is entitled to a copy of the trust agreement. I
would expect it to be a matter of state law, so the answer
could vary from state to state.
But since it is a -living- trust, the fact or date of your
father's death ought to be irrelevant.
the issue at hand is that we need a copy to get a loan using some of
the assets that are coming to me through the living trust. i am
unable to get my sister, who is the successor trustee, to send me one
before the meeting between her, myself, and the trust lawyer.
unfortunate as it may seem, we do need some funds now to facilitate
our move out of the house that is to be sold as part of the trust,
thus the loan aspect. thats why i ask "when" it is legally supposed to
be available. if it is supposed to be available to a benificiary
(myself), now, then i would seek out a lawyer to assist in
representing me in the matter. time is of the essence now.
father passed away last june 19, 2004.
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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?
You will be entitled to receive a copy of the trust when a court says
so. It's not automatic that a beneficiary must be given a copy. The
court will surely order a copy to be given to you, through discovery,
as a result of your motion to compel. The first step is a letter to
the trustee requesting a copy. Certified Mail, Return Receipt, keep a
copy of the letter. Keep it short and businesslike. Don't go into
any history. Simply make your request. If the trustee doesn't send
you a copy within a reasonable time, you'll have to sue for it. See
an attorney if it comes to that.
McGyver
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On Tue, 20 Jul 2004, Borderline <line@line.com> wrote:
[ From a copy I think I recall I once read,
I believe I'm the beneficiary of a trust
created by my deceased father of which my
estragned sister is the trustee. I'd
like a copy so that I can borrow] funds . . .
to facilitate [my] move out of [my deceased
father's] house that is to be sold as part of
the trust . . . .
If you have not been furnished a copy of the trust, what is your basis
for believing that you have to move from your father's former
residence where you have been living with his permission, much less to
move now?
Why, anywa,y do you seem to believe you have to borrow funds from a
third-party rather than, e.g., asking your sister in her role as
trustee to provide you with an advance payment from the trust on
account of of whatever is your probable share?
"McGyver" is of course correct that your asking what is "legal" in the
circumstances is just a way to solicit a prediction of what a court
probably would rule, if there were a lawsuit, depending, in turn, on
what the trust itself says (information you don't provide in your
postings thus relegating the by you requested prediction to a
necessarily just speculative guess).
But while you cogitate on these sorts of conjectural "what if...?"s, a
reader of your postings will note that you do not actually say whether
you've even bother to ask your sister for a copy of the trust and, if
you did, what her response was (and if you chose not to ask, why not).
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On Tue, 20 Jul 2004 23:10:46 GMT, nospam@isp.com wrote:
On Tue, 20 Jul 2004, Borderline <line@line.com> wrote:
If you have not been furnished a copy of the trust, what is your basis
for believing that you have to move from your father's former
residence where you have been living with his permission, much less to
move now?
the trust states the house must be sold and mentioned something about
90 days. it is a definate that the home goes up for sale, all assets
are to be sold it says in the trust when i had read it, before it was
changed last may/june.
Why, anywa,y do you seem to believe you have to borrow funds from a
third-party rather than, e.g., asking your sister in her role as
trustee to provide you with an advance payment from the trust on
account of of whatever is your probable share?
my share is/was 50%. unless that was changed, which i doubt. i have
no funds now to make the necessary move, to find a new place and start
new work. my sister and i do not speak. i am completely sure that any
request from me would fall upon dead ears. since dad passed away i
have heard nothing from her, nor has she come by to help sort
through teh belongings the family has gathered for decades. she lives
about 20 miles from here. no phone calls or anything to let me know
if anything is even being done, have been made.. i am completly
confident that any asking for anything from her, to me, would result
in a big goose egg unless legally required to do so.
"McGyver" is of course correct that your asking what is "legal" in the
circumstances is just a way to solicit a prediction of what a court
probably would rule, if there were a lawsuit, depending, in turn, on
what the trust itself says (information you don't provide in your
postings thus relegating the by you requested prediction to a
necessarily just speculative guess).
i do not have a copy of the newest current living trust, to know what
it says. i ask what is legal because as a non lawyer, thats almost
all i know of to ask.
But while you cogitate on these sorts of conjectural "what if...?"s, a
reader of your postings will note that you do not actually say whether
you've even bother to ask your sister for a copy of the trust and, if
you did, what her response was (and if you chose not to ask, why not).
i have not asked her because i know she would do nothing unless
legally required to. if i knew of some way or some legal obligation
by her to provide me with a copy upon request, i would exercise that
option. but thats what i was asking about, because as i said, i am not
a lawyer, and wanted to find out more info.
i had to ask something, if i wasnt asking the right question then
perhaps among these answers i can find out the right questions i
should be asking.
just looking fors ome help, thats all.
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