Q: How can I get a copy of a will/ probate/ trust, to determine if revocable or not?
I have an elderly uncle who is MR/DD. What I was told, is when his parents died they set up a trust that had money and included a home where he would live in order to provide for him. I believe that the terms of the trust have been breached. Before moving out of state, the trustee signed a Certificate of Incumbency, transferring the trust into the name of the trustee; removing the beneficiary from the trust, took out a reverse mortgage on the home, the home intend to be the dwelling for the beneficiary, moved out of state, and has been receiving the beneficiaries survivor disability payments. No monies intended to care for the beneficiary go to the beneficiary.
A:
Unfortunately, at this point, you do not have standing to demand to see the the trust. You would first need to petition to have a guardianship or a conservatorship over your uncle. Otherwise, if your uncle has capacity he could give you a limited power of attorney to inspect the trust document. I am not sure what MR/DD is but if he is incapacitated then he can't legally consent to give you a power of attorney over him.
Unless you are a beneficiary of the trust and or have a good reason to believe you are a beneficiary of the trust the Court will not grant you the right to inspect.
I hope this helps.
Wes
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