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  1. #1

    Default How to Get a Copy of a Trust

    My question involves estate proceedings in the state of: California

    Hello All!

    I am currently a part of a family trust involving my brothers and sisters. My elder sister and younger brother are the trustees and are responsible for handling the affairs since our father has died. I feel so left in the dark about what is a part of the trust (they have not and will not give us a copy), and I fear that they may not be handling it fairly. Is there anyway I can get a copy of the trust? Any advice on the matter would be greatly appreciated!

    Best
    Akeema

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Obtaining Trust

    I believe that the CA Trust Law entitles you to either a copy of the trust documents or information concerning the disposition of the trust. I don't have time to look through it so I'll leave that to you.

    Scroll down to Division 9. Trust Law starting with Section 15000.

    http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20

    Put your request in writing and quote the appropriate section.

    If they are still recalcitrant, hire yourself a trust attorney.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Get a Copy of a Trust

    If you have made a request and have not received any information about the terms of the trust or a copy of the trust, you may file a motion in probate court asking that they be compelled to provide the information.
    Quote Quoting California Probate Code, Sec. 16060.7.
    On the request of a beneficiary, the trustee shall provide the terms of the trust to the beneficiary unless the trustee is not required to provide the terms of the trust to the beneficiary in accordance with Section 16069.
    Quote Quoting California Probate Code, Sec. 16061.5.
    (a) A trustee shall provide a true and complete copy of the terms of the irrevocable trust, or irrevocable portion of the trust, to each of the following:

    (1) Any beneficiary of the trust who requests it, and to any heir of a deceased settlor who requests it, when a revocable trust or any portion of a revocable trust becomes irrevocable because of the death of one or more of the settlors of the trust, when a power of appointment is effective or lapses upon the death of a settlor under the circumstances described in paragraph (3) of subdivision (a) of Section 16061.7, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.

    (2) Any beneficiary of the trust who requests it, whenever there is a change of trustee of an irrevocable trust.

    (3) If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General, if requested, when a revocable trust or any portion of a revocable trust becomes irrevocable because of the death of one or more of the settlors of the trust, when a power of appointment is effective or lapses upon the death of a settlor under the circumstances described in paragraph (3) of subdivision (a) of Section 16061.7, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, and whenever there is a change of trustee of an irrevocable trust.

    (b) The trustee shall, for purposes of this section, rely upon any final judicial determination of heirship. However, the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.

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