Chattanooga, TN asked in Estate Planning for Tennessee

Q: am I legally required to be given details of a trust?

I was contacted by a woman claiming to be a distant relative asking for contact info for my cousins and myself claiming to be trustee to a trust my great grandmother set up before her death 20 or so years ago to be distributed upon my great grandfathers death. I contacted the law office I know is handling it but they will not give me any information nor will the trustee. So I don’t know if I’m listed on it or not. I assume it was my deceased father that was, and I would then inherit his. But no one will tell me anything about it. Is there any course I can take?

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: You have no legal right to be informed of the Trust by the Trustee. But it is the Trustee's duty to administer the Trust. If you feel you are a Beneficiary and the Trustee is not performing properly, you can sue in Chancery to Construe (and possibly Execute) the Trust. Venue could be a problem, so I would start with the County where the Grantor died at. You might do a Title Search in your Great Grandmother's County and your Father's. Sometimes the Trustee will make conveyances of record,

and usually some Trust Terms and Beneficiaries will be stated. If you get sued and disclose a possible equitable ownership, the creditor can file a Creditor's Bill to discover your Trust interests. Start with the Relative that called you.

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