Let Me See! Why can’t you see your parents’ Trust?

In this video, partner Keith A. Davidson discusses why you may not be able to see your parents' Trust. (12/03/2020).

The following is a transcript of this video:

This is Keith Davidson from Albertson & Davidson.
In this video, I want to discuss are you entitled to a copy of your parents’ trust while one parent is still alive. And the short answer is no. You’re not entitled to it. And there’s two reasons why.
One is the trust is probably still revocable. A lot of trusts remain revocable, even after the first death. And if that’s the case, then you’re not entitled to a copy of the trust.

The second reason is, you’re not necessarily a beneficiary just yet. And it depends on the trust terms.
Now, if you have a situation where your parent was married to somebody who’s not your parent. So your father married a new wife, not your mother, and your father dies, and some portion of the trust becomes irrevocable under a bypass trust or a marital trust, then you would be entitled to that portion of the trust at least. You’re entitled to see the irrevocable part of it that your father created. So that’s an exception.

But if you have a situation where the trust remains fully revocable during the surviving spouse’s lifetime, then you are not going to be allowed to see a copy of that document. Of course, it can be difficult to get a copy of a document from a surviving spouse, even if you insist on it. And one of the pitfalls is that if you go to court and ask the court to order her to give you a copy of the trust, then you risk being disinherited out of whatever portion of the trust is still revocable. And so you have to be very careful with these situations. It’s very important that you consult a lawyer, get some advice, and see whether or not your situation calls for trying to get a copy of the trust. In a lot of cases, it’s perfectly fine to try and get a copy. In other cases, it’s not a good idea. It just depends on the facts and circumstances of your case. And it also depends on whether the trust is still revocable, after the first spouse dies, or whether it became irrevocable. That’s going to be a very important distinction as to whether or not you’re going to be able to get a copy of the trust.