How can I get copy of a trust?

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How can I get copy of a trust?

My mother had a revocable living trust and died several years ago. My sister was successor trustee. Neither my brother or I received a copy of the trust document. Now, I find that the State of Michigan has unclaimed funds in my mother’s name and I would like to claim them for all of us. My sister doesn’t want to bother with it and doesn’t want to look for the trust paperwork. A copy of the trust paperwork is required in order to claim the funds. So, how can I get a copy? If can find in my old notes the attorney’s name who my mother used for the trust – is he required to give me a copy?

Asked on November 20, 2010 under Estate Planning, Michigan

Answers:

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

Answered 10 years ago | Contributor

State law varies on who MUST receive a copy of the trust documents once he trust maker passes away.  All of the initial beneficiaries named in the trust agreement, meaning beneficiaries who are entitled to either an immediate and outright distribution or the right to receive immediate income and principal from the trust, are entitled to receive a copy of the trust in order for them to understand what they are getting and how and when they are getting it. I am assuming that you as the son were an initial beneficiary of the trust so yes, if you contact the attorney you should be able to get a copy, even though you probably should have gotten one to begin with.  Good luck.


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