Living Trust and Pour-over Will
My father died in 2004 in Delaware County PA. When I called to get a copy of
his will I was told that no will had been filed, however, an account was
opened to pay taxes in the amount of 4860.00.
I contacted my brother, who handle the legal affairs to ask why no will had
been filed. His response was:
”On 7/5/2000, Dad executed a Revocable Living Trust as part of an Estate
Planning Portfolio which contained both a Living Will and a Last Will &
Testament or ”Pour-over Will.” These documents were filed at the Media
Courthouse [county seat for Delaware Co.] The provisions specified in the
Trust were executed upon his death in accordance with his wishes and
probate is not necessary in the case of a RLT.”
My question is whether, as an heir, though probably not a beneficiary, am I
entitled to a copy of the trust and will, since information I am reading says
that a trust is not public record. And should this have been provided to me
and the other children by our brother upon our father’s death?
I believe that my brother was the only beneficary, but want to know the
details and if I have any legal options for obtaining the information.
Thanks for any insight you can provide.
Freelancer 223@aol.com
Re: Living Trust and Pour-over Will
It’s possible PA law may have some strange quirks that I’m not familiar with, but this sounds strange to me.
First of all, your brother states that there was in fact a will (a pour-over will). This is a common technique used when a living trust is the primary estate planning document. That pour over will should have been probated.
Second, it seems odd to me that an heir could be ‘kept in the dark’ as to the terms of the trust. How would you ever know if you were a beneficiary unless you had the right to recieve a copy of the trust agreement.
Jonathan Chester
Lindabury, McCormick, Estabrook & Cooper, P.C.
480 Morris Avenue
Summit, NJ 07901