My mother passed in September of 2006 and my sister is the executor of the living trust, I would like to know what my rights are as one of the beneficiaries of the estate. By that I mean, can I ask questions, (financial), get a disclosure, or am I just to sit and wait for her to execute the will? Thank you...

Fr_Chuck

Why has it not already been into probate ?? Was the entire estate put into a living trust ?

But you are entitled to ask questions and if you don't get any answers hire an ttorney to investige and to represent you at the probate to be sure it is done properly. ( and on larger estates should be done)

RichardBondMan

Commonly a living trust does not have an "executor" rather it has a "trustee" to manage the assets of the trust. Once the person trustor passes, the person managing the trust assets is called a "succesor trustee". An excutor is normally one who is named as executor of a deceased person's estate and that executor is charged with gathering all estate assests and dispersing them according wishes of the deceased as they laid out in their will. Living trusts are created for variious reasons and one is to avoid having trust assets being included in their estate after their death. I point this out since you mention "living trust", "executor" and that you mother is now deceased and to point out that their perhaps are two legal but different methods (living trust & will) she apparently chose to manage her assests both before and after her death. Thereofore, you may want to claifiy or be sure whether you have any inheritance(s) due you from each, the trust and her estate as outlined in her last will and testament. As to your specific questions as to your rights to disclosure, etc, those questions perhaps need to answered by an attorney. The purpose of my answer is not to give you firm answers, just to give you some insight into your concerns so that you are better able to approach an attorney with good questions.