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

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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

Answers:

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

Answered 11 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.  


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