Legal Question in Wills and Trusts in Ohio
Beneficiaries' right to view trust?
My grandfather and grandmother died last week, and there are 5 beneficiaries in the family of the living, revocable trust my grandparents had. My two uncles and the family lawyer are the nominated executors, and they are not certain whether we can view a copy of the trust. I've been told my a lawyer friend here in MA that the trust is probably recorded in a government office (deeds? records?) in OH, and that it might be public record. Please advise me whether I can have a copy of the trust now (before the 5 months open period ends), after the trust is ''closed'', or never. Thank you.
2 Answers from Attorneys
Re: Beneficiaries' right to view trust?
A living or intervivos trust is not recorded in the probate Court. If the assets of the living trust revert to the estate, then you can see what the trust consists of. In any event you may want to contact the probate court where the decedents died.
Re: Beneficiaries' right to view trust?
While a living trust is outside the Probate Court, you can always petition the Probate Court to take jurisdiction of the trust to protect your rights. You certainly will see the trust then.