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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.

Jackson, MI |

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

Attorney Answers 5

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

  3. 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.

  4. 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 as a free informational service only. Without thoroughly reviewing your case neither I nor any other attorney can give you a complete answer upon which you could or should rely. Your reading of this or any of my answers does not create an attorney client relationship between us. Legal cases are often very fact specific and need a qualified attorney to properly review ALL of your materials and fully discuss your case with you before you decide the right course of action to take. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.

  5. 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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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