Revocable living trust upon death

Asked about 5 years ago - Roswell, GA

Upon death is an heir entitled to a copy of the revocable living trust. Got a copy of the will but not the trust.

Attorney answers (2)

  1. Michael Lewis Van Cise

    Contributor Level 11

    Answered . No.

    I am not aware of any Georgia law that would require the disclosure of a revocable trust to an heir upon the grantor/trustor's death. One of the reasons people choose to create a revocable trust is to gain the secrecy afforded by the revocable trust.

    If you are a beneficiary of the revocable trust, you may, depending upon the terms of the trust (and I understand the difficulty in knowing the terms of the trust if you don't have a copy and are trying to get it), be entitled to receive a copy of the trust.

    THIS DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

  2. Loraine M. DiSalvo

    Pro

    Contributor Level 16

    Answered . This answer is not intended to give specific legal advice, and it is not intended to create an attorney-client relationship.

    Assuming the person who created the trust was a Georgia resident and the Will was probated in Georgia, then no, the person's heirs are not entitled to see the revocable living trust just because of their status as heirs, even if the Will directs that the probate assets be distributed to it. If the Will was submitted for probate in solemn form, then a copy of the Will must be provided to each heir of the deceased person, but the heirs do not have a right to demand a copy of the trust.

    You might try asking for a copy of the trust. In many cases, the Trustee may be willing to provide you with a copy even though they are not required to do so, and even if you are an heir but not a beneficiary. If you are a beneficiary under the trust, you may eventually be entitled to receive a copy, or at least some information about the terms of the trust. However, if you are not a beneficiary under the trust itself then you likely will not be able to force anyone to give you a copy of the trust, assuming you are not trying to prevent the Will from being admitted to probate through a contest.

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