If I’m a successor trustee for an irrevocable Trust and my children are the beneficiaries, am I legally entitled to see the tax returns?

As either a legal guardian of my children, a successor trustee and/or grantor of the Trust? My husband is the trustee. I am currently going through a divorce and the CPA is saying he has been instructed by my husband’s attorneys not to give me any documents. I want to know if I am legally entitled to the tax returns in any way.

Asked on April 19, 2015 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, as a successor trustee, you only have authority over the trust--and therefore, would only have the right to see any tax returns--if the primary trustee (your husband) dies, becomes incapacitated, is removed from the trust by a court, or declines to continue functioning as trustee.

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