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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2211
Experience:  Experience in estate planning including wills, trusts and succession planning.
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My Great Aunt died in Arizona this past January. She had a

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My Great Aunt died in Arizona this past January. She had a trust held with Northern Trust. I am her #1 beneficiary in her will and have received nothing from the Trust. Also my Aunt has designated a residual beneficiary and I was told the trust wouldn't tell me who it is. My question is per Arizona law as her oldest niece do I have any rights to ask for a copy of the trust? Also, we have not received any notification of the compensation stated in the will. I realize that my Aunt's estate was complicated (Age 102) and much needed to be done = and what rights do I have? Thank you
Submitted: 5 months ago.
Category: Estate Law
Expert:  J. Warren replied 5 months ago.

Hello and welcome! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Customer: replied 5 months ago.
OK - I'm cleaning house so I will be checking for your reponse
Expert:  J. Warren replied 5 months ago.

As a beneficiary you are entitled to reports and also on request of a beneficiary, the trustee shall the beneficiary a copy of the portions of the trust instrument that are necessary to describe the beneficiary’s interest.

It is possible a Will was not probated when associated with a trust. However, if it was you can obtain a copy from the Probate Court in the County in which it was filed (you can inquiry if a Will was submitted to probate) or where she resided.

If the trustee has not provided a copy of the relevant provisions of the trust then the beneficiary may petition the Court to require the trustee produce a copy along with providing the required trust administration status reports.

Trustees are held to a high standard as fiduciary. However, if you are unable to obtain the documents you are entitled to, you may have to retain local counsel to assist you in compelling the trustee/executor to comply with his/her obligations.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer at the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 5 months ago.
you did not answer my question regarding he issue of the Residual Beneficiary!!
Expert:  J. Warren replied 5 months ago.

Only if you are a named beneficiary in the trust whether it be residual beneficiary or primary beneficiary. If you are not named and have not received notice, you would have to petition the Court to compel production based on good faith belief that you are named.

If you are named and do not receive a copy of the relevant provisions you would have a claim against the trustee if you discover that in fact you were named. But no, I am afraid that you are not entitled to a copy unless you are a named beneficiary.

All my best and encouragement. Thank you for allowing me to help you with your questions. I realize this was not the answer you were hoping to receive however I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

Expert:  J. Warren replied 5 months ago.

Here is the statute that references what I wrote above:

"

§14-10813 Duty to Inform and Report

A. Unless the trust instrument provides otherwise, a trustee shall keep the qualifiedbeneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless the trustee determines that it is unreasonable under the circumstances to do so, a trustee shall promptly respond to a beneficiary’s request for information related to the administration of the trust.

B. A trustee:

1. On request of a beneficiary, shall promptly furnish to the beneficiary a copy of the portions of the trust instrument that are necessary to describe the beneficiary’s interest.

2. Within sixty days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee’s name, address and telephone number.

3. Within sixty days after the date the trustee acquires knowledge of the creation of an irrevocable trust or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust’s existence, of the identity of the settlor or settlors, of the trustee’s name, address and telephone number, of the right to request a copy of the relevant portions of the trust instrument and of the right to a trustee’s report as provided in subsection C.

4. Shall notify the qualified beneficiaries at least thirty days in advance of any change in the method or rate of the trustee’s compensation.

C. A trustee shall send to the distributees or permissible distributees of trust income or principal and to other beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee’s compensation, a listing of the trust assets and, if feasible, their respective market values. On a vacancy in a trusteeship, unless a cotrustee remains in office, a report must be sent to the qualified beneficiaries by the former trustee. A personal representative, conservator or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee." see source: http://arizonaestateandtrustlaw.com/arizona-trust-code-notice-and-reporting-provisions/

Expert:  J. Warren replied 5 months ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons). I am simply touching base. Let me know. Thanks!

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