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Does a revocable living trust have to filed with the county?

Does a revocable living...

Does a revocable living trust have to filed with the county?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

MY Father died recently, he had a living trust (I have seen it), how can I get a copy of it?

Lawyer's Assistant: Has anything been filed or reported?

The greene county clerk says no, the circuit clerk says no

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Answered in 1 minute by:
7/17/2017
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 36,365
Experience: 30 years experience in the practice of estate law.
Verified

I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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A trust, unlike a will, is a private agreement and it is not a public record.

If you are a vested beneficiary then the trustee must provide, at least, the relevant portions of the trust to you, along with a notice of your beneficial interest.

If you are not a vested beneficiary then the trustee has no duty to provide information to you, absent a court order directing otherwise.

Send a written demand to the trustee for a copy of the trust. If the trustee refuses and you know you are a vested beneficiary then you will need to sue the trustee in probate court.

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Customer reply replied 7 months ago
thank you

You are very welcome.

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Loren

Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 36,365
Experience: 30 years experience in the practice of estate law.
Verified
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Loren
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Satisfied Customers: 36,365
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Experience: 30 years experience in the practice of estate law.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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