Copy of Trust - Trusts - Indiana Probate

Forum Estate Planning Trusts Copy of Trust

8/29/2009 7:04 AM

	dandvicb
1 posts

Copy of Trust

Father passed away 3 months ago. My oldest Sister is the executor of the trust and there are 3 of us in total. I live out-of-state (900 miles) and I have asked for a copy of the trust to no avail.... I even contacted the Trust's Lawyer to request it. He correctly explained that he did not have a copy and I should request from sister, which I have done on several occasions, only to hear "I don't have stamps" etc.... I said to her .. "fax a copy to me; response "I can't do that from work, we'd get in trouble". While my sister and I have talked, she has NOT been too forthcoming with details of Dad's assests, financial or otherwise. I've had to ask the questions, almost like prying it them from her.... I have called several times, leaving messages saying to call me back... no calls!! The estate is in the 6-figure range (savings/annuities and property) . The house sits on approximately 2 1/2 acres and is on the largest parcel; Oldest sister (executor) is living there. Besides the "house portion" of the property, there are 2 "building lots" and have been told they're zoned that way. There also is a commercial business (beauty) in the end of the house, which my sister is now "operating". Dad's trust states the estate is to be split equally between the 3 kids.... I am not going to live in the house so I believe the executor must purchase my 1/3 of it from me... Correct?? Same goes for the business, I am 1/3 owner and will not operate it, so she must purchase my 1/3.... correct?? I apologige for the novel...... please advisse ASAP!! R.B.

9/5/2009 12:54 PM

	admin
3 posts

Re: Copy of Trust

Sorry to hear of the death of your father and resistance from sister. Often people believe trusts are great to avoid probate, but with trusts there is no court protection without docketing the trust.

In this case, it sounds like sister may have some self-served interest. But, without seeing what the trust allows, it would be difficult to truly advise you of the correct procedure. I cannot believe the attorney for the trust does not have a copy. If he or she does not have a "signed" copy ask him to mail you an unsigned copy. If she doesn't have stamps, mail her a self-addressed stamped envelope. Or if the attorney is assisting your sister, ask the atty to ask for a copy, then he can forward it to you. There may be inheritance tax issues that will require appraisals, and such.

Does the other child have a copy or be willing to side with you to request it? Again, without seeing the trust, if the trust provides equal distribution to the 3, then yes she would have to purchase the other shares or the house/business would need to be sold.

Did the Trustee have a POA of your father? I would hope that assets were not moved from the trust. You can verify the ownership of the real estate by calling the county assessor.

I would send one last letter demanding a copy of the trust and a list of the assets owned by the trust by a certain date to avoid your need to hire an attorney. What County is this in?

Free free to call me for an initial free consultation. 317-852-3010

Arlene Kline

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