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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2246
Experience:  Experience in estate planning including wills, trusts and succession planning.
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My uncle just died and a non relative says he had a living

Customer Question

my uncle just died and a non relative says he had a living trust and he is the trustee, but not the benifactor. We have not seen this living trust and what's in it. How do we find out?
Submitted: 2 years ago.
Category: Estate Law
Expert:  J. Warren replied 2 years ago.
Hello my name is ***** ***** I look forward to providing you information. Please note:
(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and
(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
My condolences on the loss of your Uncle. If you are a beneficiary of the estate and the trust provides for a distribution to you, as a beneficiary you are entitled to a copy of the trust agreement. However, a trust is a very private document and one reason why they are used as they do not become a matter of public record like a will on the death of the testator (your Uncle).
Typically a person would write a letter to the trustee stating they believe they are a potential beneficiary of the person's estate and requesting a copy of the trust which describes the distribution they are entitled to.
If a copy is not provided for and you believe you are a beneficiary, you would need to petition the probate court seeking an order to compel the disclosure of the trust terms. However, if you are not a beneficiary, you are not entitled to a copy or review of the trust.
If you know the name of the lawyer your Uncle used as his estate planner, contacting him/her would be a good place to start.
All my best & encouragement.
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