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Ask Barrister Your Own Question
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37003
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My question is if im in my grandmothers will named me beneficiary

Customer Question

My question is if im in my grandmothers will named me beneficiary to a living trust do I have a right to get a copy of the trust documents and the will for my records from the executor if so does the executor have a time limit that they have to give those documents to you in Utah
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Did grandmother's will set up the trust or was it already in existence?.Was grandmother the maker of the trust?.Who is the trustee?.Have you sent a formal written request to the executor for a copy of the will?.Are you in Utah?.thanksBarrister
Customer: replied 1 year ago.
Trust was already in existence
Yes my grandmother made the trust
Trustee of the trust and executor of the will is my aunt
No formal written request just verbal
Im in washington
Customer: replied 1 year ago.
And anyone who contest the will get taken out im dont want contest just want the legal documents that im suppose my question is asking for those documents contesting
Expert:  Barrister replied 1 year ago.
Ok, if the will has been filed for probate, it is a public record and you can get a copy of it from the court if aunt won't respond to a formal written request sent certified mail. Legally she is supposed to send you a copy once it is admitted to probate along with a copy of the inventory of assets and any accounting once it is filed if you are a beneficiary..As for the trust, if grandmother was the maker, then it would now be irrevocable upon her death and you have a legal right to a copy of the entire trust, any inventory of assets in the trust, and an accounting, same as with the estate, upon written request..So you need to send her a certified letter requesting these copies and documents regarding any inventory and accounting for both the trust and the estate..If she ignores you or refuses to provide copies, you can file a "motion to compel" in the probate court where the estate was filed to force her to appear in front of the judge and explain why she if not doing her legal duty..And this wouldn't trigger any "anti-contest" clause because this isn't a challenge to the will or trust, just an administrative request for copies of all relevant documents. So don't worry about that...thanksBarrister