Legal Question in Wills and Trusts in Arizona

Refusal by Power of Attorneyto release living trust amended information

Since my Mom died ; My brother who is Power of Attorney/trustee for the Family living Trust of My Mom and Dad refuses to give me a copy of the amended living trust. How can a obtain a copy of such ? Do i have any legal recourse ?


Asked on 10/29/03, 12:15 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Refusal by Power of Attorneyto release living trust amended information

Thank you for your inquiry.

Right now, your brother is acting only as Trustee (his appointment under a Power of Attorney expired upon the deaths of your parents). As the Trustee, he is bound by the terms of the Trust.

Under ARS 14-7303, a Trustee shall provide the beneficiary with a copy of the terms of the trust which describe or affect his interest.

Under this statute, your brother must disclose the terms of the trust to you if you are a beneficiary of the trust. You might consider sending him a written demand for information, and include the language from the statute.

I hope this information is helpful.

Monica Donaldson

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Answered on 10/29/03, 12:49 pm


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