My sister and I are beneficiaries of my Dad's trust. He is deceased. My sister-in-law is the trustee. There are clear issues of breach of fudiciary responsibility. My sister and I have an appointment to go to a lawyer I spoke with to see about our case and he told me to bring a copy of the will and trust.
My sister called the lawyer that drew this up for my dad and was told that they had to have the permission of the trustee. We have never seen the will and my sister has a copy of the amended trust but not the original. My Dad had Alzeheimer's when the amended trust was drawn up and I have letters to prove this. Why do I need the trustee's permission to have a copy? Is this typical? She definitely won't give me one...
At this point the lawyer is either representing the successor trustee or no one. The trustee is likely required to provide you with a copy. I would either write to her requesting the copies or have an attorney do it for you. You do not say when your father died. If it was recent, the court might not have a problem with your not having the copie, yet. If the trustee refuses your written request, then I think you are going to need to hire a probate attorney and petition the court.
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2 lawyers agree
Elder Law Attorney
Agree that asking first is good policy, but I betcha you'll be heading to probate court to force production of the full document plus accountings.
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4 lawyers agree
Estate Planning Attorney
I agree with the other two answers-so the answer to your question is-YES-it is typical.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Lawsuit / Dispute Attorney
Under the NC Uniform Trust Code, the Trustee should provide a copy of the Trust instrument upon the reasonable request of a qualified beneficiary. N.C. Gen. Stat. § 36C-8-813. If the Trustee does not produce a copy of the Trust instrument in response to such a request, a qualified beneficiary can initiate an action before the County Clerk to compel the Trustee to do so. N.C. Gen. Stat. § 36C-2-201 et. seq. You should contact a qualified Trust and Estates attorney who has experience in litigating Trust matters.
The response above is provided for informational purposes only, is not intended as legal advice, and does not create an attorney/client relationship. You should contact a qualified attorney in your area to discuss the matter.