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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55325
Experience:  29 years of experience practicing law, including tax and estate planning.
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My husband is the only trustee (and I am the successor

Customer Question

My husband is the only trustee (and I am the successor trustee) in regard to his mothers trust. His sister was disinterested by her mother and taken off the trust. She sued us in court and lost all claims against us in December, 2010. My mother-in-law passed away on July 15, 2015. Now my husbands niece is requesting trust related documents because she believes she and her sisters are beneficiaries. She and her sisters are not mentioned period in either the will or trust, therefore, we believe she is not entitled to said documents. We did not advise my sister-in-law of her mothers passing because we had been advised at the time of the court proceedings back in 2010 that she had one shot to dispute the will and or trust and she took it before her mother passed. The amended trust stands and my husband is th only trustee.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. Since they are not beneficiaries of the trust, they have no right to any copies of the trust or anything else related to the trust. Because they believe they are beneficiaries or might be beneficiaries does not give them any legal rights. Your husband, as trustee, simply needs to send them notice that they are not trustees of the trust under the trust agreement and thus have no rights afforded beneficiaries under the state trust code. Of course, you can never prevent them from filing suit to ask a court to ascertain whether or not they are beneficiaries and if they were to file such a suit, the court would require a copy of the trust agreement to be produced so the court could rule. But, absent that, they have no legal rights to demand this information.

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