Legal Question in Wills and Trusts in North Carolina

Obtaining a copy of a family trust

My grandfather died many years ago and my grandmother died in August 2007. I have a copy of her will but do not have a copy of the trust. My aunt is the executor of her will. My relatives tell me I am mentioned in the trust, but when I ask to see a copy, they claim they do not have one. My aunt always tells me her attorney has a copy but will not tell me the name of her attorney. My parents also claim ignorance. I do not know the name of my aunt's attorney so I do not know who to contact. I have not been contacted in any way concerning my grandmother's estate and I am afraid my family is taking advantage of me. How should I go about obtaining a copy of the trust? When I requested a copy of her will from the Clerk of Court, the will does not mention who her assets go to. It only names my aunt as the executor. I feel so frustrated by the fact that I know nothing about the situation, and when I try to gather more information my family just ignores me. Should I contact the Clerk of Court again requesting a copy of the trust? Does the court have a copy of the trust? Thank you for your help.


Asked on 2/16/08, 2:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Obtaining a copy of a family trust

Make a formal written request to the executor of your grandmother's will(your aunt)for a copy of the trust document. Then, if your aunt fails to comply, you could send a letter of complaint to the person who is charged with supervising the administration of estates in that particular North Carolina probate court where your grandmother's will was filed, explaining that you believe that you are a beneficiary under this will that is in the process of being probated in that court and that you need to have a copy of the trust document referenced in the will which is on file with the court in order to ensure that your intersts in the probate matter are being appropriately protected.

In Virginia, this person is called a Commissioner of Accounts.

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Answered on 2/17/08, 8:34 am


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