How can I find information about a trust fund?

5 answers | Last updated: Sep 16, 2016
A fellow caregiver asked...

I am currently looking for ways to inherit my trust fund. The trouble is that I don't have any information on where it is located or what lawyer may have handled the trust. My father passed and my mother set up the trust. She refuses to give me any information. How can I find my trust fund?


Expert Answers

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

The thing that you are finding so irksome about a trust is the very thing that makes trusts attractive to many people: The person who established the trust need not make the terms of it public"”and is free to change his or her mind about potential beneficiaries at any time.

Any lawyer who helped your mother set up the trust would also be legally required to remain mum about its terms"”or risk violating the client's trust, which could subject that lawyer to discipline or even disbarment.

By far the most common types of trusts are testamentary. A testamentary trust is one that will go into effect once the trustmaker dies, so there is a good chance you would not be entitled to any trust assets until after your mother's death, anyway.

It sounds as if you've talked with your mother about your desire or need for money now, but she seems unwilling to accommodate your request. Your reality is that you will likely have to look elsewhere for money at this time.


Community Answers

Twitch070 answered...

Don't u just hate when u have a trust fund and your mother wants to keep it to her self I have the same Problem I sould of got a trust fund when I was 18 now I'm 30 and still never seen this money from what everyone eles in my family saids she took it and spent it now I had to pay a lawery 400 Dollers to go find info about this and that's of he even can find anything


Nicamerriman answered...

Yes, or like me be excluded from your family with brute actions to intimidate and silence me by any means necessary for a trust you can only get a glimmer of information of. A trust that my grandma left to me, which she might have thought would help me, which only made my life a living hell through physical, mental and judicial abuse by my covetous family. I hope they enjoy it! I must say life got good once I divorced this family and GOD has blessed me immensely and it didn't take money!


A fellow caregiver answered...

Did you ever think maybe there wasn't one, or maybe you aren't in it? If it's your trust, as you state 'my trust' , why don't you have it? Maybe it isn't yours? Sound a bit greedy and want something that doesn't belong to you.


A fellow caregiver answered...

Looking for ways to inherit "my trust fund" sounds a little devious. Trust funds are legal documents set up by an attorney out of trust..therefore, no one but the person who drafted the trust has a right to know or share information about the trust. Sounds like there are some trust issues between you and your mother, maybe that is why you are left out of the trust. Just because you are a son or daughter, granddaughter, etc...does NOT entitle you to be included in a trust. If you are included in a trust, you are NOT entitled to the money until the person is deceased. If you mother chose to not include you in the trust, it is her will. You cannot demand that you are included or demand any money now. If your Mother elects to have it handled privately, it is her will, her wish,not yours. It sounds like you think you maybe entitled to something that you are not entitled to. Looking for ways to inherit "my" trust sounds devious. It sounds like it is your mother's trust... If you have a trust, you would have to set it up yourself with an attorney. I think the problem here is understanding trusts and who owns them and what rights they have to protect the information and include whoever they wish. Just because you are a daughter does not automatically include you in a trust. Sounds like you may have some trust issues yourself with your mother and maybe that is why you may not be included. Remember your mother does not have to include you in her trust and can change it numerous times until she dies. If you are not included in her trust, it would be her decision and you can not do anything about it. It is "her" trust and not "your trust". It looks like you are trying to "to look for ways to inherit my trust". Which sounds demanding and greedy and not yours. IF you father passed and left everything to your mother via a will or trust...it is now all hers to determine what she wants with it. If she "refuses" to give you any information, it is her legal right. Remember, your mother does not have to leave you any money..so you might want to make amends with your mother. Hate to break it to you, but that is why trusts are developed. The person who develops the trust has all the control of the assets and has total control legally to do whatever they wish. As a daughter, you do NOT automatically assume that you are included. It is there wish and the trust does not pay out until the person is decease. So, sounds like you are out of luck or out of the trust.