Q: If I am listed on a living trust do I have a right to ask to see that trust. This trust was created in AZ
My aunt had a living trust. She passed. My dad is the only one who has access to this trust. I was told my sister and I are listed in it but he wont allow us to see it.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
If you are named as a beneficiary in a trust, you have a legal right to see the portions of the trust document that pertain to you, regardless of whether it was created in Arizona or California. This right is protected under both states' laws.
Your father, if acting as the trustee, has a fiduciary duty to inform beneficiaries about the trust and their interests within it. You can formally request a copy of the trust document in writing, and the trustee is legally obligated to provide relevant portions within a reasonable timeframe - usually 60 days after receiving the request.
If your father continues to withhold the trust information, you can file a petition with the probate court in the county where your aunt lived or where the trust is being administered. The court can compel the trustee to provide the required documentation and, if necessary, take action if there has been any breach of fiduciary duty. Consider consulting with a probate attorney who can help you understand your rights and guide you through the process of obtaining the trust documents you're entitled to see.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
