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How do I get a copy of my deceased mother’s will? Does a trust take prejudice over a will ?

ADDITIONAL INFORMATION:

I’m an heir in the will as well as the trust. I’ve never received a copy of the will (from the executors) nor the trust ( from the trustees)

ATTORNEY ANSWER BY MARGARET L. CROSS:

A will and a trust work hand in hand. They do not cancel each other out. A will may establish a testamentary trust or it may fund a trust which your mother created during her lifetime. Have your requested copies from the executors and trustees? I am assuming you have or you would not have posted this question.
The first step you could take is to contact the probate court in which your mother’s will was probated. It will be a public document and you can get a copy by ordering it from the court. If it is a testamentary trust, the terms of the trust will be laid out in the will. If the will funds a stand alone trust, then you may need to hire an attorney to force the trustees to give you a copy of the trust.
The trustees/executors should also be providing you, as beneficiary, with yearly accountings.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate planning attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Boca Raton, Florida; Danvers, Massachusetts; Millbury, Massachusetts, Waltham, Massachusetts; and Salem, New Hampshire.

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