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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Estate Law
Satisfied Customers: 13507
Experience:  19+ Years of Legal Practice in Estate Law.
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Our Grandmother just passed and left the Estate in a Living

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Our Grandmother just passed and left the Estate in a Living Trust that was managed by an Executor who is an Attorney in Hawaii. The problem here is there are Beneficiaries all over the country and the Executor has yet to disclose the Living Trust documents. Does she need to provide them to the Beneficiaries if asked?
Submitted: 1 year ago.
Category: Estate Law
Expert:  AlexiaEsq. replied 1 year ago.

Hi, with regard to your post:

"Our Grandmother just passed and left the Estate in a Living Trust that was managed by an Executor -------- You mean a "trustee", not an "executor". An executor is in charge of a Will, while a trustee or successor trustee, is the manager of the Trust.

"who is an Attorney in Hawaii. The problem here is there are Beneficiaries all over the country and the Executor has yet to disclose the Living Trust documents. ------ If the grandmother just passed away, it is probably not yet "too much" time that would be undue delay. But if many months go by, then it could be a problem.

Does she need to provide them to the Beneficiaries if asked? ------Generally, yes, unless the Trust document specifies otherwise. In general, the beneficiaries have the right to an accounting and information from the successor trustee, unless the trust document specifically limits the beneficiaries' rights in this regard. But regardless, the successor trustee should communicate with the beneficiaries on a regular basis about settlement and administration of the trust. To do otherwise is asking for a lawsuit, where the beneficiaries petition the court to force the disclosure and accounting that should have been more forthcoming.

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Expert:  AlexiaEsq. replied 1 year ago.

This code section may apply and may help you get a clearer idea of how long may be too long:

http://law.justia.com/codes/hawaii/2011/division3/title30a/chapter560/560-7-303/

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