Are we entitled to a copy of the Family Trust?

Full question:

Our father before passing told my sister and I that we were named in the Family Trust. Our step-mother is stating we are second beneficiaries and are not entitled to a copy of the trust or will until after she dies. Is this true?

Category: Trusts
Date: 04/07/2025
State: Illinois

Answer:

While specific laws regarding your right to a copy of the Family Trust are not mentioned, you may have a right to access it, especially if it is an Irrevocable Trust. Generally, trust documents grant the trustee broad powers to manage the trust's assets. If you are unable to obtain a copy of the trust to ensure that the trustee is managing it properly and not wasting assets that you may be entitled to, consider contacting a local attorney for help in obtaining a copy.

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 am I entitled to if my dad dies?

If your father dies, your entitlements depend on whether he left a will or trust. If there is a will, you may inherit according to its terms. If there is no will, state intestacy laws determine your share of the estate. Typically, children are entitled to a portion of the estate, but this can vary by state. It's advisable to consult with an attorney to understand your specific rights and entitlements based on your father's estate plan.

What is a child entitled to when a parent dies without a will in Canada?

In Canada, if a parent dies without a will, the estate is distributed according to provincial intestacy laws. Generally, children are entitled to a share of the estate, which is divided equally among them. The exact entitlements can vary by province, so it's important to check the specific laws in the relevant jurisdiction. Consulting a legal professional can provide clarity on your rights.

Can a stepmother change father's wishes in their revocable trust and leave everything just to her children?

Yes, a stepmother can change the terms of a revocable trust if she is the trustee and has the authority to do so. However, if the trust is irrevocable, she cannot alter it without the consent of all beneficiaries. It's crucial to review the specific terms of the trust and consult with an attorney to understand your rights and any potential challenges you may have.

Can a stepmother inherit my father's estate?

Whether a stepmother can inherit your father's estate depends on the estate plan he left behind. If he had a will or trust that includes her, she may inherit. If he died intestate (without a will), state laws will determine the distribution of assets, which may or may not include her. It's advisable to consult with an attorney for guidance based on the specific circumstances.

Am I entitled to anything if my father died?

You may be entitled to a share of your father's estate, depending on whether he had a will or trust. If he left a will, you would inherit according to its terms. If there is no will, state intestacy laws will dictate your share. It's important to consult with an attorney to understand your specific entitlements and rights in this situation.

When should a beneficiary receive a copy of the will?

Beneficiaries typically receive a copy of the will shortly after the testator's death, especially if they are named in it. The executor is responsible for notifying beneficiaries and providing them with the will. If you have not received a copy and believe you are a beneficiary, you may need to request it from the executor or consult an attorney for assistance.