Legal Question in Wills and Trusts in Iowa
Wills/Trust
need to know laws pertaining to wills/trust/probate as far as information that should be given to beneficiaries of the
will/trust. Like who gets copys and what informaton is required by law to give to beneficiaries for probate and in this case the the husband died and left wife with property,monies and such and a percentage of estate to each child and also states information about a trust in the will. Probate has been in progress for going on three years and has still not been settled. Attorney sent first year the tax returns for transfer from husband to wife and the inheritance tax return filing the probate report and inventory but only showing wifes part and nothing about the trust. What are my rights to find out information on whats going on at this time as I am one of the children(adult) and don't seem to get any answers.
1 Answer from Attorneys
Re: Wills/Trust
Your answer depends upon the state law where the probate is pending and where the situs of the trust is. The probate is public information and the Will should have been filed with the Court, so you have access to the Will document, the inventory of the probate estate and there should be an accounting of income and expenses of the estate.
The trust is a separate legal entity and is controlled by the terms of the trust agreement. You can bring an action against the trustee to get court intervention and supervision to enforce the terms of the trust agreement and to make sure that the trustee is acting in good faith as the trustee is a fiduciary with duties defined under state law.
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