1st how can I find out the details of my deceased father's trust? He was in a gay relationship that he established the trust with but after a month, I have yet to get any details to the trust. He had always told me and my family that he was leaving me an exact amount but his partner is avoiding discussions regarding money. Do I have any right as his only sibling in this scenario?
Country relating to Question: United States
Hello,Thank you for allowing us to assist you with this problem. I'm sorry to hear you are dealing with this problem. Trusts serve a great benefit but they also have a significant drawback. The drawback being that there is no legal requirement that the Trust be recorded. You can contact the Executor of the Estate to attempt to obtain the Trust language. However, I assume your father appointed his partner as the Executor. If that is not the case, then as the only child you could go to probate court to file a probate petition. If the judge appoints you as the Executor then you would have the legal ability to obtain a copy of the Trust document.
His partner is the first name on the trust and if he is deceased, then I am second on the list according to his will. Does this make a difference?
Yes his partner is the Executor of the trust/will, so where does that leave me?
Unless the Trustee provides information about the trust and trust assets to the trust beneficiaries, the beneficiaries will have no idea whether or not they have received all that they are entitled to, or whether the trustee has properly done his or her job.You are entitled to a copy of the terms of the Trust as of your father's death. If his partner fails to provide such information, then you could file a motion for the disclosure with the probate court judge requesting the information.This includes a complete copy of the written trust document, all written amendments signed at a later date, and any “written instructions” to the Trustee that affect disposition of the trust assets. Since one of the most common trust disputes arises from the interpretation of the trust, it is especially important for you to get a copy of the trust, and have it reviewed by your counsel. You don’t have to agree with how the trustee interprets the trust.
All trustees have a legal duty to keep you reasonably informed about what the trust provides, and what they are doing to administer the trust. You have the right to sue them if they don’t. If the Trustee refuses to give you the terms of the trust after you have made written demand, the court has the power to remove the Trustee and/or hold them personally liable for your damages.
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