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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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Texas Revocable Living Trusts

Customer Question

in texas, when you have a revocable living trust, does the lawyer who wrote it have to keep all copies of all pages of it, or does he just keep one particular part and rest is given to the executor for "safe keeping"?

Is there some way to find "all" the pages of it, if the executor "all of a sudden" can't produce "ALL" the paperwork, thus claiming there is no more paperwork when you know you saw the paperwork 8 years ago when it was first written.
Submitted: 12 years ago.
Category: Legal
Expert:  The Mystic Wave replied 12 years ago.

Greetings:


Please review my profile concerning my expertise.


In answer to you question, if an attorney drew up the living trust, chances are that he has a complete copy of same. If you are a named beneficiary and the executor is absolutely uncooperative, you can always seek the attorney's assistance. He/She can subpoena the executor to produce the document.


Should you have any further questions, please do not hesitate to contact me.


My very best to you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience: 30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
The Mystic Wave and 14 other Legal Specialists are ready to help you
Customer: replied 12 years ago.
Thank you for your time with this, I really appreciate it. My next question is, how do I find this attorney? I have no names or addresses and the executor says I don't need to know. Yes, I am named as a beneficiary in the trust.
Expert:  The Mystic Wave replied 12 years ago.

Greetings:


You are more than welcome and I thank you very much for accepting my response, it is greatly appreciated.


Please know that since you stated that you have already seen a copy of the trust some time ago, of my experience, I do not see the reason for refusal by the executor - thus, my initial response. As all the information I am providing you is of my experience as a legal secretary/paralegal.


In answer to your second question, I would suggest contacting the executor, via written communication. It may not necessarily be law that the beneficiary be privy to such a document, although I am getting that the executor may be hiding something - again, my initial response was based on the fact that you had already seen a copy and of my experience, copies of same have been made available to beneficiaries - although I reside in California. My knowledge in the area of Wills/Trusts is not very broad, however, I have done research for you and I have found the following which in wording pertains to wills although listed under trusts:


...all named beneficiaries to an estate are entitled to full disclosure of the particulars of the will and any actions undertaken as to the estate.

The executor is "allowed" to release copies of the Will to all the beneficiaries, but is not necessarily obliged to do so. In general, only a residuary beneficiary is entitled to see a copy of the whole Will (because the size of his or her gift is influenced by whatever deductions are previously made from the estate for specific legacies, etc.), whereas the beneficiary of a specific sum of money or a particular piece of property is entitled only to see the provision in the Will that establishes the gift to that beneficiary. However, if the executor has to apply for probate (in Ontario, a Certificate of Appointment of Estate Trustee With a Will), the Will becomes public information and any person can obtain a copy of the whole thing.

Disclosure to the beneficiaries is normally made within two or three months of the date of death (usually as part of a probate application), and if the information is not forthcoming, it is possible for the beneficiaries to bring a motion requiring the executor to probate the Will or at least to produce a copy.

You may want to speak with an experienced estate lawyer about it if you feel the executor in question is not fulfilling his/her responsibilities. We get a lot of this type of thing, and would be glad to help you with it.


 

Another link of interest:

 


Thus, in light of the above, I would, therefore, strongly suggest that you contact an attorney to be advised of your rights.


If you wish further information, please do not hesitate to contact me.


My very best to you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


 







The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience: 30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
The Mystic Wave and 14 other Legal Specialists are ready to help you

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