Does the beneficiary of a trust have the right to request a copy of the trust after the death of the trust or?

UPDATED: Oct 2, 2022

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Does the beneficiary of a trust have the right to request a copy of the trust after the death of the trust or?

I am the beneficiary of my aunt’s trust.
The acting trustee has been cleaning up
the house and storage areas for over a
year. She had been answering my calls when
I lived in California, but since I moved
to Texas, she has not returned my calls
and texts. Do I have the right to ask for
a copy of the trust?

Thank you for your time and assistance.

Linda Lowder

Asked on September 5, 2019 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can always ask--anyone can always *ask* for anything. 
But if she won't voluntarily provide you a copy, the only way to compel her to give you a copy of the trust (or provide other trust-related information) would be through litigation: as a beneficiary of the trust, you could file a kind of legal action traditionally called an action "for an accounting" to make her, as trustee, "account for" her administration of the trust. In the course of that action, you'll be able to see and get a copy of the trust, and if the court concludes that she has acted improperly (taken trust assets for herself; acted negligently or unreasonably carelessly in regards to trust money and assets; violated the terms or instructions of the trust; etc.) it can order her to do or not certain things, to repay money she cost or lost or took from the trust, or replace her as trustee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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