How to find out if I am my uncle’s will or trust

UPDATED: Oct 1, 2022

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How to find out if I am my uncle’s will or trust

My uncle died march 2016, All his assets including home was in a trust…The
person over seeing the trust isn’t providing copies of the will and or trust so
that other family members could see if they are listed as an heir…What steps
should I take to compel him or her to provide this information to me so I can
share it with the rest of the family?

Asked on October 12, 2017 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The only way to compel the production of these documents (will and/or trust) is via a lawsuit. You would sue the estate and/or trust and also the trustee (of the trust) or executor/personal representative (of the estate); you would sue as someone who presumptively or reasonably might stand to receive under one or both instruments and seek an order compelling the release of the information. Only a court can order someone to produce documentation when they don't want to. Ideally, you should hire an attorney to help you--if there are other family members in the same boat as you, you could share the cost--since this kind of legal action is different from and more complex than a small claims case. But if you are determined to do this on your own ("pro se"), contact the clerk of the probate court's office for instructions and/or look on your court's website.

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 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.

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