Charlotte, NC asked in Estate Planning and Probate for Florida

Q: Can I obtain a copy of my father's trust in Florida if I'm a beneficiary?

I live out of state, but my father passed away in Duval County, Florida. He and my stepmother had a trust, and my father told me I was a beneficiary. However, my stepmother has not sent me a copy of the trust, and she is unresponsive to my calls. I have not yet taken any legal steps to obtain a copy of the trust. Am I entitled to a copy of the trust, and what steps should I take to obtain it?

Related Topics:
2 Lawyer Answers

A: I am sorry for your loss on the passing of your father, please accept my condolences for you and your family.

As a beneficiary of a Trust, you have numerous rights and the Trustee has substantial affirmative duties and obligations. As a named beneficiary of the Trust, you are entitled to a copy of the Trust, you are entitled to accounting, inventory and so forth.

Upon the death of your dad, a notice of Trust should have been done with the county clerk of the court where he was a resident and any Will that exists should have been submitted to the clerk of the court for safe keeping as well for any future necessary probate, if any.

You may need to get an attorney to follow-up and make demands on your behalf, but minimally you should start with a certified written request for the copy of the Trust and probably an accounting.

Anwar Elias Hadeed
PREMIUM
Anwar Elias Hadeed pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In Florida, as a trust beneficiary, you have the right to request a copy of the trust under Florida Statutes §736.0813. Trustees must notify beneficiaries within 60 days of the trust becoming irrevocable and provide a copy upon request.

Since your stepmother, likely the trustee, is unresponsive, take these steps:

Send a Formal Request – Mail a certified letter requesting a copy of the trust.

Consult a Florida Attorney – If she refuses, an attorney can help enforce your rights and petition the court if necessary.

For legal assistance, consider firms like Hadeed Legal, which handles estate matters across Florida. Acting quickly ensures your rights are protected.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.