How do I obtain trust documents to assure that I receive my proper portion ofa trust?

UPDATED: Sep 23, 2010

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How do I obtain trust documents to assure that I receive my proper portion ofa trust?

I believe I am named in a trust of a recently deceased relative.

Asked on September 23, 2010 under Estate Planning, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am sorry for your loss.  Generally, trust documents are not "public" document like a Will that is filed in court.  Trustees, however, are fiduciaries and must follow the highest degree of care in fulfilling the terms of the trust documents.  They have to file an accounting and give notice, etc., to the trust beneficiaries.  So you can ask, formally and in writing, for the information.  If the trustee is not forthcoming then I might suggest that you seek help from an attorney on your behalf to inquire as to your portion.  You have every right to keep tabs. And you have recourse should there be a breach of fiduciary duty by the trustee. Good luck.  

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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