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  1. #1

    Default Getting Copy of Deceased Mother's Trust in Mn

    My question involves estate proceedings in the state of: Minnesota
    My parents had a revocable living trust and after my father died in 2001, my mother amended/restated it for trust to be divided between all children. In 2016, she amended it again talking out children and leaving trust to be divided between grandchildren.
    My question is if, as an heir and prior beneficiary, do I have any legal grounds to get copies of all trust and amendments from the trustee?

  2. #2
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    Default Re: Getting Copy of Deceased Mother's Trust in Mn

    Quote Quoting jr5cabanilla
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    My question involves estate proceedings in the state of: Minnesota
    My parents had a revocable living trust and after my father died in 2001, my mother amended/restated it for trust to be divided between all children. In 2016, she amended it again talking out children and leaving trust to be divided between grandchildren.
    My question is if, as an heir and prior beneficiary, do I have any legal grounds to get copies of all trust and amendments from the trustee?
    Being a prior beneficiary would not entitle you to the trust documents. Being an heir would entitle you to a copy of your mother's will perhaps, but not the trust. An exception to that might be if your children are beneficiaries and are minors.

  3. #3
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    Default Re: Getting Copy of Deceased Mother's Trust in Mn

    Quote Quoting llworking
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    Being a prior beneficiary would not entitle you to the trust documents. Being an heir would entitle you to a copy of your mother's will perhaps, but not the trust. An exception to that might be if your children are beneficiaries and are minors.
    Concur.

    The only way you'd be entitled is if you sued to challenge the amendment that removed you as a beneficiary, in which case you'd be entitled to a copy through discovery.

    By the way, if you don't have a copy of the trust and/or the amendments, how do you know what the trust and amendments say/said?

  4. #4

    Default Re: Getting Copy of Deceased Mother's Trust in Mn

    Have copy of fathers trust with mother and second amendment but no 1st amendment. Figure if there's a second, must be a first.

  5. #5
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    Default Re: Getting Copy of Deceased Mother's Trust in Mn

    Quote Quoting jr5cabanilla
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    Have copy of fathers trust with mother and second amendment but no 1st amendment. Figure if there's a second, must be a first.
    What is your goal in all of this?

  6. #6

    Default Re: Getting Copy of Deceased Mother's Trust in Mn

    to make sure that all amendments are found including second and any other changes since this covers a period of about 40 years

  7. #7
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    Default Re: Getting Copy of Deceased Mother's Trust in Mn

    Quote Quoting jr5cabanilla
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    to make sure that all amendments are found including second and any other changes since this covers a period of about 40 years
    You did not answer the question asked, so I will ask it in a different manner. Why do you want to make sure that all amendments and changes are found?

  8. #8
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    Default Re: Getting Copy of Deceased Mother's Trust in Mn

    Quote Quoting jr5cabanilla
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    Quote Quoting PayrolGuy
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    What is your goal in all of this?
    to make sure that all amendments are found including second and any other changes since this covers a period of about 40 years
    Are found by whom?

    You wrote that you "[h]ave [a] copy of [your] father[']s [and mother's original] trust [instrument] and [the] second amendment but" that you don't have the "1st amendment."

    For starters, you haven't told us whether your mother is living or deceased. If she is living, do you have reason to believe she doesn't have all of the trust documents? If she's deceased, do you have reason to believe that whoever the current trustee is doesn't have all of the relevant documents?

    Since you claim to know what the first amendment says, what is it you intend to do if/when you get a copy? Are you just going to say, "ok, whew, now I have everything," and stick the papers in a file drawer somewhere and forget them? Very few people seek to gather documents just for the sake of having them.

  9. #9

    Default Re: Getting Copy of Deceased Mother's Trust in Mn

    My mother just recently died and did not share documents or where they may be kept, not using the same attorneys. Don't have or know what first amendment says...only that in 2nd, it deletes and replaces some sections...Interested to know what wasn't deleted.

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