Do I have a right to a copy of my father's living will, will, & trust agreement when I have a step-mother? I am a beneficiary.

Asked almost 2 years ago - Jackson, MI

I would like a copy of each for my own information, and for genealogy information.

Attorney answers (5)

  1. 5

    Lawyers agree

    Answered . Yes, you are entitled to a copy of the will and if you are a beneficiary of the trust, you are entitled to a copy of the trust, as well as other information. It sounds like you need to consult with and hire an attorney to get your step-mother to stop jerking you around. Call me for a free phone consultation.

  2. 5

    Lawyers agree

    Answered . Yes, you are entitled to a copy of the Will and a copy of the parts of the Trust that pertain to you. How long has it been since your father died? Is it possible that his wife is still re-grouping from that loss and getting organized? Has she had time to get to her attorney and find out what her duties are? It is always best if a family can work together after the stress of the death of a loved one. But if you'd like to discuss in more detail, feel free to call me.

  3. 4

    Lawyers agree

    Answered . It is customary for the Executor to provide full disclosure to beneficiaries. Yes, you are entitled.

  4. 2

    Lawyers agree

    Answered . I agree with my colleagues, provided that your father has passed away. If he has not, then you are not entitled to any of these documents, in all likelihood. You do not give much information to go on, here. When was the date of death? Are you a current beneficiary or only a contingent beneficiary, (once your stepmother has passed away)?

    I doubt that the estate planning documents would give you much of any useful information for genealogy purposes.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  5. 3

    Lawyers agree

    Answered . I assume, and I think that the other answering lawyers did also, that your father has passed away already. If he is still alive, at least in Ohio, you are not entitled to a copy of his living will, unless you are one of the named parties to have to deal with "pulling the plug" if and when the time comes. His will is a private document (unless he records it, the statute here permits that to happen, but most people don't do that) that he can change at any time as long as he is mentally competent. Grantor trust documents are private documents during his life time and, unless he has written them as irrevocable, can be changed at any time while he is mentally competent.

    After his death, everything changes.

    I am not a Michigan lawyer. I recommend that you search Avvo for a local lawyer that handles Wills and Trusts. The 2 Michigan lawyers who answered seem to know what they are doing and are intersted. If it were me, I would start with one of them.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. The answers provided by R. Russell O’Rourke, Attorney-at-Law... more

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