Legal Question in Wills and Trusts in Virginia
Trust copy
My father died one week ago. He had a revocable trust which becomes irrevocable upon his death & my mother becomes the successor trustee. I am a beneficiary. I have requested in writing a copy of my father's trust. My mother refuses. I believe I am guaranteed to obtain a copy of the trust by Virginia Code 55-548.13. Do I have a legal right to have a copy of my father's trust & since my mother refuses, what should I do? Thank you.
1 Answer from Attorneys
Re: Trust copy
Yes, under the Virginia Trust Code statute which you've cited and subsection B.1., as a named beneficiary of the trust, the trustee must provide you with a copy.
Send the successor trustee (your mother)another letter making formal demand for the the copy of the trust instrument to be provided within 60 days of the date of the letter and informing her that if such is not provided as required under this statute, you will have no alternative but to petition the court for enforcement of this statutory requirement(including a request for an award of attorney's fees).
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