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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33796
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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How can I find out who the attorney is late father's trust?

Customer Question

How can I find out who the attorney is for my late father's trust? I understand that trusts do not go through probate. We cannot get information from his wife. He passed away on 9/25/15
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation.

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Do you know if the trust owns any real estate? . .

Would you be trying to get information about the trust from the attorney? ...

Thanks. Barrister

Customer: replied 1 year ago.
there is real estate a home. Yes, I want to get info from his attorney, but I don't know his/her name.
Expert:  Barrister replied 1 year ago.

Ok, it is extremely unlikely that the attorney would provide any information to you since you wouldn't be his client and there is an attorney client confidentiality that continues even after death..

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However, if there was a trust and it owned real estate, it is the trustee who would have signed any documentation and who would be listed as the agent for the trust on the deed. That person would have a legal duty to provide you with information regarding the trust if you were a beneficiary of the trust.

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But if you weren't a beneficiary, then the trustee doesn't have to provide any information to you as you are a stranger to the trust and the confidentiality rules apply to the trustee and the trust.

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So you can find out who the trustee is by looking up the deed in the local land records office and then send them a written letter certified mail requesting a copy of the trust. If they ignore you or refuse to provide a copy without explaining that you aren't a beneficiary, then you could file a lawsuit in the local probate court to have the judge conduct an "in camera" review (in his private chambers) to see if you were a beneficiary or not so as to be entitled to information about the trust.

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thanks

Barrister

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