Is there any way to gain information about an existing trust fund without going through the trustee?

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Is there any way to gain information about an existing trust fund without going through the trustee?

My fiance’s grandmother set up a trust fund for him with his uncle as trustee, but his uncle will not disclose any information about the trust. My fiance will be turning 25 this year, and we are hoping to use the fund to help with a down payment on a condo. We do have the lawyer’s and banker’s information, but have not tried contacting either yet. We are afraid that if either tells the uncle that my fiance is looking into his trust fund, the uncle will do something to drain the fund.

Asked on November 23, 2011 under Estate Planning, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the grandmother is still alive, then I would ask the grandmother for a copy of the trust to be given to your fiance'. If the grandmother is no longer alive and there is concern with respect to the uncle who is the trustee under the trust, perhaps the best way to get a copy of the trust is for your fiance' to consult with a Wills and trust attorney to write a letter requesting a copy of the trust.

As a beneficary under the trust, the fiance' is entitled as a matter of law to a copy of the document. The uncle who is the trustee under the trust has a fiduciary duty of utmost good faith and trust to your fiance' concerning the trust and is obligated to provide a copy of it when requested.


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