- 1). Write a letter requesting a copy of the trust document. A trustee has legal responsibilities in the administration of the trust, including an obligation to furnish copies of the trust to any requesting beneficiary. If you know you are a beneficiary of the trust, write a letter to the trustee requesting a copy of the trust. Send the letter by certified mail, return-receipt requested. Check with your state's attorney general's office to find out how many days the trustee has to respond to your request.
- 2). Ask the trustee for a copy of the trust. Even if you are not the beneficiary of the trust, the trustee may still give you a copy. This is more likely if the trustee is a friend or family member of the decedent, rather than a professional trustee. Whether you ask in person, by phone or by mail, be courteous and polite. The trustee is under no obligation to show you the trust document if you are not a beneficiary.
- 3). Ask a beneficiary. If you have been unsuccessful in your attempts to obtain trust documents from the trustee, then go to the beneficiaries. Any beneficiary can make a formal request to obtain a copy of a trust document. Gauge each beneficiary according to how agreeable you think they will be to your request. Then, approach the one with whom you think you might have the most success. Again, be courteous and polite.
- 4). File a complaint in probate court. Consider filing a complaint if all of your attempts to gain access to the trust document have been unsuccessful. The court may deem your complaint valid if you have reasonable cause to believe you should be a beneficiary, for example, if you are the decedent's child. You may also have grounds to believe that the trust is invalid if someone involved in the making of the trust (other than the grantor) benefited from the trust. Contact an attorney knowledgeable in probate law to help you determine if you have grounds for a valid complaint.
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