Legal Question in Wills and Trusts in Ohio

Re: Many years after death

Have you asked your uncle? What type of response did you get? Were your grandparents wealthy? In other words, does it make sense that they would have left you money? Did they do the same for anyone else in the family? How long ago did your grandparents die? I ask because if a substantial amount of time has past, you may not be able locate the documentation.

If you ask your uncle, and don't get satisfactory answers, you could file suit and subpoena bank records to see if there is a trust account somewhere. However, if you don't know where to look you may never find it, and this is assuming the account states that it is a trust account. If the account was only in your uncle's name you may not be able to identify it.

Re: Many years after death

If such a trust exists, it would presently be an irrevocable trust due to the fact that the creator(s) of the trust is/are deceased. It might be helpful to find out where the grandparents resided upon their deaths and whether or not either had an estate probated. If so, there might be wills in the file which could contain the trust provisions you are wondering about.

Irrevocable trusts are now controlled by Title 58 of the Ohio Revised Code, also commonly referred to as the Ohio Trust Code; this is a fairly new addition to trust law in Ohio (since 2007).

The Ohio Trust Code requires, among other things, that the person in charge of the trust, known as the Trustee, keep beneficiaries reasonably informed about the status of the trust, including its assets, liabilities and distributions. The trustee must report this information at least annually to the beneficiaries.

Also, beneficiaries are entitled to a copy of the trust document upon request.

Thus, you will likely want to consult an experienced trust lawyer and he or she could advise you how to approach your uncle and/or how to discover if a trust ever existed.