How long does it take for a person to know if they are mention in a Trust?

UPDATED: Sep 30, 2022

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How long does it take for a person to know if they are mention in a Trust?

My uncle pass away 7 months ago and his wife passed way 3 months later. I received a copy of his Will. My mother (his sister) is not listed in the Will. However he had a Trust that is set up; we don’t know if she is in it. The trustee has not notified my mother to let her know if her bother mention her name is the trust. My uncle wife’s daugther is the trustee.

Asked on November 24, 2015 under Estate Planning, Wisconsin


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You will need to see the trust. You can ask nicely to see the trust but usually if there is a will that pours over into a trust, and the person is not named in the will, chances are they won't be mentioned in the trust.
Do you know any other family member named in the trust. Are you friendly with him or her? If so, have him or her check the trust for your mother's name.
If not, the trustee is fiduciary and has a fiduciary responsibility to inform all beneficiaries in the trust as to their gifts, bequests, etc.

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