Legal Question in Wills and Trusts in Ohio

Whether you are entitled to a copy of the trust depends on several factors.

Fairly new law in Ohio(since 2007), commonly called the Ohio Trust Code, gives rights to certain beneficiaries of a formerly revocable living trust, when the trust becomes irrevocable due to the death of the Settlor (the person who created the trust). Some of those rights are: to be notified that they are a beneficiary of the trust, to be advised of the identity and contact information for the Trustee, and the right to a copy of the trust upon request.

In addition, the Trustee must provide an annual report of the Trust assets, liabilities, and distributions to the beneficiaries. Having said this, the Ohio Trust Code also enables a Settlor to include language in the Trust in order to waive the requirement that the Trustee provide certain notices and reports to certain beneficiaries. So, ultimately, the answer to your questions would require a review of the Trust document.

Regarding your other question, a beneficiary can bring an action (lawsuit) in the Probate Court to attempt to remove a Trustee whom is not meeting his or her fiduciary obligations. Whether or not the Trust should be dissolved will also depend to a great degree on the language of the Trust.

I would recommend that you consult with an experienced trust lawyer so your entire specific situation can be reviewed. If I can be of further assistance to you, my office is located in Westlake, Ohio, and our telephone number is 440.899.7710.