Can a beneficiary get a copy of a Trust?
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Can a beneficiary get a copy of a Trust?
My husband’s grandfather passed away and he was named 50-50 beneficiary with his uncle. Everything
is in a Trust. His uncle is the executor and will not give us a copy of the Trust. He gave us about 1/3 of
the money that was supposed to go to my husband and claims he gave it all to us. We know he did not. We contacted the lawyer and the Trust holder and they wont talk to us. They say it has to go through
his uncle. What can we do?
Asked on June 12, 2019 under Estate Planning, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can bring a legal action against the uncle as trustee. This kind of legal action, brought in county court, was traditionally called an action for "an accounting": i.e. it was brought to make the trust "account for" his management of the trust, and show that he has been honest, has been faithful to the beneficiaries' interests, and has followed the terms or instructions of the trust. In the action, he can be forced to produce the trust documents.
This kind of action is, however, procedurally much more complex than, say, a small claims suit; you are advised to retain an attorney to help you. Or if there is not enough money involved to make hiring a lawyer worthwhile, it's probably not worth pursuing.
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