Do you have to distribute the trust agreement to the beneficiaries?

Asked about 1 year ago - Lake Villa, IL

I am the trustee of the trust and executor of the will. My aunt is requesting copies of the trust agreement. I filed the will and provided her copies of the will. She is calling me daily to see the trust.

Attorney answers (5)

  1. Judith Anne Schening

    Contributor Level 14

    4

    Lawyers agree

    Answered . If your aunt is a beneficiary under the trust, then yes, you must provide her with a copy. If she is not a beneficiary of the trust, then you are not required to provide it to her.

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

    Contributor Level 12

    4

    Lawyers agree

    Answered . The trustee of the trust needs legal counsel to advise on questions like this. Typically, the trustee should freely provide copies of trust documents to the beneficiaries.

    The comments above are not legal advice and do not create an attorney-client relationship: you haven't hired me or... more
  3. Guy R. Youman

    Contributor Level 4

    3

    Lawyers agree

    Answered . In Illinois, you have two areas to look to that will provide you your answer. The first is in the Statutes. There are Statutes specific to Trust administration. In this case you will find that there is a minimum amount of disclosure you must make to the beneficiaires. One of which is to provide a copy of the Trust and another is to provide an inventory and accounting. In addition, the Trust instrument will provide some guidance or even add to the requirements. When there is a conflict between the two, unless the Statutes provide for an exception, you will find that you should lean towards the Statutes. If your Aunt is a beneficiairy of the Trust (not just an heir or legatee of the probate estate), a copy of the same should be forthcoming.

  4. Charles Adam Shultz

    Contributor Level 19

    3

    Lawyers agree

    Answered . I agree with both counsel. Its simply good practice. You dont want the appearance that you are hiding something. That said, if your are concerned about something, dont share it here. Hire counsel and discuss it with him or her.

    In California, the trust is required to be provided to the heirs not just beneficiaries. But thats California. Good luck.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  5. Louis David Putney

    Pro

    Contributor Level 7

    3

    Lawyers agree

    Answered . In many states a trustee has a legal obligation to send a specific notice to all beneficiaries within 30 days of becoming trustee, and to provide a copy of the trust instrument to any beneficiary who requests one. Failure to comply with the statutory requirements may be grounds for removal as trustee. Trustees also have minimum fiduciary standards which they must meet. I suggest you retain a trust attorney to guide you through the process. Those attorney's fees would normally be paid out of the trust assets.

    Legal disclaimer: Louis D. Putney is a Florida attorney. As such, his responses to posted inquiries, such as the... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,865 answers this week

3,170 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,865 answers this week

3,170 attorneys answering