How can I locate a generation-skipping trust set up by a parent? – North Carolina

Short Answer

In North Carolina, private living trusts are not recorded, so there is no public registry to search. If your parent has died and the trust is now irrevocable, a qualified beneficiary can request a copy of the trust and related records from the trustee and, if refused, ask the Clerk of Superior Court to compel disclosure. While the trust is still revocable and your parent is living, your rights to information are limited.

Understanding the Problem

You want to know whether a North Carolina generation-skipping trust exists for descendants and how you can see it. The key decision point is whether the living trust your parent created is still revocable (parent living) or has become irrevocable (after death). You’re estranged from your parent and recall a grandparent’s account for descendants but don’t know if it sits in a trust.

Apply the Law

Under North Carolina’s trust laws, most inter vivos (living) trusts are private. Trustees generally do not file accountings with the court unless the trust or a statute requires it. Once a revocable trust becomes irrevocable (typically at the settlor’s death), a trustee owes duties to qualified beneficiaries, including providing information and periodic reports upon request. If a trustee refuses, a beneficiary may initiate a trust proceeding before the Clerk of Superior Court to compel disclosure or an accounting. Venue is usually where the trust is administered or where a beneficiary resides. A separate statute sets deadlines to challenge a revocable trust’s validity after death, often triggered by receiving a copy and formal notice.

Key Requirements

• Standing/Beneficiary status: You generally must be a qualified beneficiary (current distributee or someone who would become one at the end of a current interest) of an irrevocable trust to demand information.
• Trustee duty to inform/report: Upon request, a trustee must provide a copy of the trust and allow inspection of records; trustees should also provide periodic reports to qualified beneficiaries.
• Forum and venue: File trust proceedings with the Clerk of Superior Court in the county where the trust is administered or where a beneficiary resides (inter vivos trusts), unless the instrument sets venue.
• Remedies if unresponsive: You can petition to compel an accounting or disclosure; the court may order a trustee to account, produce records, or provide other appropriate relief.
• Deadlines to contest validity: After the settlor’s death, a challenge to a revocable trust’s validity must be filed within three years of death, or within 120 days after receiving a copy and formal notice from the trustee.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-8-813 (Trustee’s duty to inform and report) – trustee must provide information and reports to qualified beneficiaries upon request.
• North Carolina Gen. Stat. § 36C-2-204 (Venue in trust proceedings) – where to file a trust proceeding.
• North Carolina Gen. Stat. § 36C-10-1001 (Remedies for breach of trust) – court can order a trustee to account and grant other relief.
• North Carolina Gen. Stat. § 36C-6-604 (Limitations on contesting revocable trusts) – 120-day notice option and three-year outside limit.

Analysis

Apply the Rule to the Facts: If your parent is alive and the trust remains revocable, your ability to obtain information is limited because the trustee’s duties focus on the settlor. If your parent has died and the trust became irrevocable, and you are a descendant named as a current or remainder beneficiary, you can send a written request to the trustee for a copy of the trust and records. If you do not know who the trustee is, look for clues in any estate file, recorded deeds that reference a trustee, or account statements; then make the request. If the trustee refuses or ignores you, file a trust proceeding with the Clerk of Superior Court to compel disclosure or an accounting.

Process & Timing

1. Who files: A qualified beneficiary. Where: Clerk of Superior Court in the county of the trust’s principal place of administration or any county where a beneficiary resides (for an inter vivos trust). What: Petition in a trust proceeding to compel disclosure/accounting; serve an Estate Summons for Trust Proceeding (AOC‑E‑150). When: After a reasonable written request to the trustee goes unanswered or is refused.
2. The Clerk issues a summons; respondents generally have 10 days to answer in a trust proceeding. A hearing is set. The Clerk may allow discovery tools if needed.
3. The Clerk can order the trustee to provide the trust instrument, produce records, or file an accounting; the order is enforceable, and additional remedies may be entered if needed.

Exceptions & Pitfalls

• If the trust is still revocable and your parent is living, you may have no right to trust information; your rights expand after the trust becomes irrevocable.
• Standing can be disputed. If your interest is remote or contingent, be ready to show you are a qualified beneficiary.
• Use the correct venue and include necessary parties. Minors, unborn, or unlocatable beneficiaries may need representation appointed by the Clerk.
• Many trusts are administered privately in another state; cross-border administration can affect venue and what a North Carolina court can do.
• Trustees can provide a certification of trust to third parties to protect privacy; you may still inspect full records as a qualified beneficiary, but third parties may not release them to you.

Talk to a Estate Planning Attorney

If you’re dealing with locating or getting information about a parent’s generation-skipping trust, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.