Who has legal rights to see how family Trusts have been set up?

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Who has legal rights to see how family Trusts have been set up?

Can we make sure we have to care for our father? We know the Trusts are there; how we go about getting copies?

Asked on November 18, 2013 under Estate Planning, Colorado

Answers:

Aiden Kramer / The Law Office of Aiden H. Kramer, LLC

Answered 7 years ago | Contributor

There is a statute in Colorado that requires that the Trustee of a trust (the person who handles the distributions and investments of the trust assets) keep the beneficiaries "reasonably informed" of the trust. If you are a beneficiary of the trust, you may not necessary have a right to see the trust (or make copies of it), but you are entitlted to be informed about the trust to the extent that it affects what you will receive as a beneficiary. For your reference, that statute is 15-16-303 of the Colorado Revised Statutes. You can google it and read it in more detail.

A Trust probably would not designate who is supposed to care for your father, however. Planning for things such as future care would be taken care of in a will or other document, not a Trust.

The best way to find out if you are going to have to care for your father would be to open up the lines of communication with him so you can all discuss his plans and wishes.


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