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I wish to verify that my father's will is factual because I suspect foul play?

I wish to verify that my father's will is factual because I suspect foul play?

Q: Who holds the real power in a trust, the trustee or the beneficiary?

The trustee holds the real power in a trust. They are responsible for managing the trust assets and making decisions in accordance with the trust document. Beneficiaries, on the other hand, have rights to the benefits of the trust but do not have control over its administration.

Q: Does a revocable trust become irrevocable upon death?

Yes, a revocable trust typically becomes irrevocable upon the death of the grantor. Once the grantor passes away, the trust cannot be changed or revoked, and the assets are distributed according to the terms of the trust. This transition helps ensure that the grantor's wishes are carried out after their death.

Q: What happens when someone dies with a revocable trust?

When someone dies with a revocable trust, the trust usually becomes irrevocable. The successor trustee takes over management of the trust and is responsible for distributing the assets according to the trust's terms. This process generally avoids the need for probate, simplifying the transfer of assets to beneficiaries.

Q: Who gets a copy of the will before death?

Typically, individuals do not receive a copy of a will before the testator's death unless the testator chooses to share it. However, once the will is filed for probate after the testator's death, it becomes a public document, and interested parties can request a copy from the probate court.

Full question:

My father was forced to sign a Revocable Trust, when he was not of sound mind, just before his death. How can we get a copy of this document, will, and all items that are/going to be amended? Situation, surviving spouse is changing our Father's wishes (so stated and witnessed) to something completely different. We suspect foul play. Executor is family member who is keeping everything from other family members. We wish to verify the original will before it is probated as a factual document in which it is not. My Father died in Iowa and executor is in Kentucky , but this happened in Iowa . Known fact and witnessed father's inability to comprehend, acknowledge conversation, and was incoherent at this time.

Category: Trusts
Subcategory: Revocable Trusts
Date: 04/07/2025
State: Iowa

Answer:

A will becomes a public document when it is filed in court as part of the probate process. I suggest contacting the clerk of courts at the probate court of the county where the deceased resided. A trust document, however, does not necessarily need to be filed in court and may be private. Some states allow a notice of trust or related document to be filed at the courthouse, so you may try calling the courthouse (ask for the Probate Division) to see if the trust was filed at the courthouse.
The following is an Iowa statute;

633A.4502 Breach of trust — actions.

To remedy a breach of trust which has occurred or may occur, a
beneficiary or cotrustee of the trust may request the court to do any of
the following:

1. Compel the trustee to perform the trustee's duties.

2. Enjoin the trustee from committing a breach of trust.

3. Compel the trustee to redress a breach of trust by payment of money or
otherwise.

4. Appoint a receiver or temporary trustee to take possession of the
trust property and administer the trust.

5. Remove the trustee.

6. Reduce or deny compensation to the trustee.

7. Subject to section 633A.4603, nullify an act of the trustee, impose an
equitable lien or a constructive trust on trust property, or trace trust
property wrongfully disposed of and recover the property or its proceeds.

8. Order any other appropriate relief.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the incapacity clause of a revocable trust?

The incapacity clause in a revocable trust specifies what happens if the grantor becomes incapacitated. It typically designates a successor trustee to manage the trust assets if the original trustee is unable to do so. This ensures that the trust continues to operate smoothly and that the grantor's wishes are honored even when they cannot make decisions themselves.