Is a trust private?
I am the executrix of my sisters trust. I followed it to the tee,& distributed all monies due to recipients. My brother is demanding a copy of the original will & trust. My sister wanted it it kept private.
Attorney Answers
3
David Joseph Callahan IIILitigation LawyerNashville, TN ·
You must check the language of the trust and the language of your state's trust code to determine whether you have the right to withhold this information from him. Also, you are using terms that have different meanings. The term executrix refers to the representative of a probate estate. If you are really discussing a trust then the proper term for the fiduciary empowered to manage the trust is "trustee". If your brother was a beneficiary under the terms of the trust agreement then he probably has a right to see the trust agreement himself.
Our replies to questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction.
0 upvotes
Shelley Elder ·
A trust can be kept private but a will is public at the point of the probate.
0 upvotes
Ivette M SantaellaEstate Planning AttorneySan Ramon, CA ·
Hello,
When you refer to a trust, you are the successor trustee. If your brother is a beneficiary of the trust then he is entitled to a copy of the trust.
If there was also a Will, then you are the executrix and if your brother is a beneficiary he is entitled to a copy of the Will. He can also obtain a copy of the Will when it is probated.
0 upvotes
People Also Asked
Are we still liable as guarantors after a chapter 7 filing?…
2 answers
When working "on call shifts" at a restaurant what is the minimum amount of hours your emp…
3 answers
What is notice of dropping party filed by the plaintif, in a pending foreclosure ?…
1 answers
Does a Last Will and Testament need to be filed with the Clerk of the Courts office to be …
3 answers
What can be done about threats left on voice mail?…
2 answers
What is the consequence of continued driving after revocation charges in Minnesota?…
3 answers
Browse by Practice Area
Litigation
203,510 attorneys
Real Estate
156,159 attorneys
Personal Injury
149,024 attorneys
Criminal Defense
99,634 attorneys
Family Law
95,894 attorneys
General Practice
90,854 attorneys
Business Law
84,818 attorneys
Business
82,448 attorneys
Criminal Law
72,552 attorneys
Intellectual Property
61,381 attorneys