How to see a copy of a Trust?
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How to see a copy of a Trust?
My now deceased incapacitated father had a trust set up for his care; the trust funds were from a malpractice settlement. He died intestate in AZ; has a new wife of 9 years and 5 adult children. The attorney handling the trust is not providing any information to the children regarding the trust. The children were told by family members that the children are listed in the trust along with the wife. How can the children obtain information regarding the trust?
Asked on October 23, 2010 under Estate Planning, Arizona
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
My condolences to you and your family but your father did not die intestate. He had a trust. If a person does not have a trust or will, then that person does not die intestate. If you are indeed named as the other children you have been told are as well named in the trust as beneficiaries, then you need to immediately contact counsel and a) find out who is the named trustee and b) immediately ask to see a copy of the trust. If you are refused, consider hiring your own counsel or filing a complaint with the state bar about the ethical violations of the counsel of record for refusing your request to view the trust document.
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