do the heirs have the right to see a copy of their fathers living trust will when there is a stepmother?
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One Response to “do the heirs have the right to see a copy of their fathers living trust will when there is a stepmother?”
YES. If he is your biological father, you have every right to know how he set up his living trust. He should have shared the contents of the trust with everyone named in the trust as soon as it was created. He would have named someone as first trustee, and someone as second trustee, ideally. His wife is not automatically either trustee. He may choose anyone he wants to manage his trust. In a community property state, he can only put his half of their community property in his trust. The trustee has a sworn duty to execute the instructions in the trust, and is accountable to the beneficiaries named in it. By setting up a living trust, your father’s estate will not go through the probate process. Probate can sometimes take up to a year or more, and take quite a chunk of your father’s money. The contents of the trust are private to all except those named as beneficiaries. If you question the way the trust is being handled, contact the law firm that set up the trust for your father.
YES. If he is your biological father, you have every right to know how he set up his living trust. He should have shared the contents of the trust with everyone named in the trust as soon as it was created. He would have named someone as first trustee, and someone as second trustee, ideally. His wife is not automatically either trustee. He may choose anyone he wants to manage his trust. In a community property state, he can only put his half of their community property in his trust. The trustee has a sworn duty to execute the instructions in the trust, and is accountable to the beneficiaries named in it. By setting up a living trust, your father’s estate will not go through the probate process. Probate can sometimes take up to a year or more, and take quite a chunk of your father’s money. The contents of the trust are private to all except those named as beneficiaries. If you question the way the trust is being handled, contact the law firm that set up the trust for your father.