How to check on the terms of a trust?

My father’s spouse was appointed personal representative of his trust. I have 2 siblings. We have been told by the PR that everything has been left to her until she dies and then my father’s estate goes to me and my brothers. However, we have no idea what is in the trust and whether or not we have any right to obtain any part of the trust now while we are still relatively young instead of waiting until the PR dies. Also, is there a way to find out what is in the trust without the PR knowing that we have inquired about it. We are all on good terms with the PR.

Asked on September 6, 2011 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  So you and your siblings are the "remaindermen" of the trust, meaning that what ever remains in the trust when you step-mother passes away is your to divide.  Or maybe you really do not know what you are entitled to, correct?  Yes, you generally have a right to see the trust document as a beneficiary of the trust.  But a trust document is not a public record like a Will once it is filed, where anyone can look at it with out any one else knowing.  The trust document is in the hands of the trustee and she will have to give you a copy. If you are on good terms please ask. Once you see the terms you will know what you can and can not have now.  Good luck to you.


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