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  1. #1

    Red face Trustee Needs To Obtain A Copy Of The Trust

    CA - My father had a simple AB Trust prepared before he passed away leaving me as the executor of the estate. My mother who is alive refuses to give me a copy of the trust as she does not trust anyone. This is complicated by the fact that she is now in the early stages of dementia. I know which law firm has a copy of the trust. Should I simply call the law firm and request a copy of the trust document or does she have to be declared incompetent before this can be released from the law firm? Also do I have any liability for her actions? Any suggestions for the best course of action or various options would be greatly appreciated.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Problem Parent

    Was your mother successsor trustee or co-trustee?

    How do you know that your father elected you to be executor of his estate? Has the court appointed you as executor of his estate?

    Has probate been filed? Is probate neccessary?

    Why do you feel you are entitled to a copy of the trust?

    Why do you need a copy of the trust?

    Also do I have any liability for her actions?
    why would you have any liability for her actions?

  3. #3
    Join Date
    Jan 2007
    Posts
    204

    Default Re: Trustee Needs To Obtain A Copy Of The Trust

    Quote Quoting Jacksonville
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    CA - My father had a simple AB Trust prepared before he passed away leaving me as the executor of the estate. My mother who is alive refuses to give me a copy of the trust as she does not trust anyone. This is complicated by the fact that she is now in the early stages of dementia. I know which law firm has a copy of the trust. Should I simply call the law firm and request a copy of the trust document or does she have to be declared incompetent before this can be released from the law firm? Also do I have any liability for her actions? Any suggestions for the best course of action or various options would be greatly appreciated.
    You state that you are the executor of his estate .. that's fine, that leaves you with the responsibility of dealing with the estate. However, that does NOT give you any interest in the trust; that falls to the successor trustee.

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