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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.