Ask 2 Lawyers: How do I get a copy of the Trust?

How do I get a copy of the trust this might be the single most asked question that we receive how do I get a copy of the trust so it's not so easy Stewart but what would your advice be to a beneficiary ask you that question well generally what's happened is mom and dad have passed away it's been more than 60 days yeah and they've asked their brother or sister informally maybe over the phone at the funeral hey can I get a copy of the trust and brother or sister that's the presumed trustee has put them off and so what we suggest is a nice written email or letter to the who you believe is the trustee asking politely for a copy the trust and the reason you do that if you want to sound polite so that you don't get everybody upset secondly you start a timing period where you need to have loved a certain period of time run before you run off to court and file say hey give me a copy and that's the 60 days 60 days and so you now you have been writing that you've asked for it generally you're gonna get it from a reasonable trustee right there's a there's you know 30 percent of cases where the trustee just simply doesn't respond and there you're going to file a petition with the probate court and ask the probate courts you ordered the trustee to provide a copy of the trust which the probate court will do now what if what about going to the attorney who drafted the trust and asking them for a copy is that going to be successful well surprisingly 10% of the time it is it's not appropriate the trustee that drafted the trust should not hand it over to anybody but I have seen where they have gone ahead handed it out to the beneficiary but no that's gonna most likely the attorney that drafted it it's gonna say you need to speak to the trustee and they need to let me know that I have permission to give a copy of it to you and the reason for that is that the trustee really stands in the shoes of the person who created the trust and now the trustees the one who has the attorney-client privilege and can release the document not the attorney who drafted it that's correct Albertson and Davidson is here to help you fight for your inheritance check out all day long for our complete library of helpful illegal videos and articles from your favorite California trust and will litigation law firm Albertson and Davidson LLP.