A California trust does add privacy to your estate plan, but certain people may be entitled to receive a copy of it. If you’re using a trust document as a crucial component of your estate plan, work with a Pasadena area estate planning attorney to confirm the type of trust to use and how it may be shared.
Specific individuals under California law are eligible to receive a copy of the trust. These include successor trustees, who are individuals named to administer the trust if the original trustee is unable or unwilling to do so or has been removed, heirs, who are people who would have inherited under California’s interstate succession laws if the person who passed away had no will or trust, and beneficiaries, who are entities and individuals directly named in the trust to receive assets. The trustee has the primary responsibility for providing a copy of the trust to heirs and beneficiaries on request.
For any beneficiaries and heirs who wish to receive a copy of a California trust, submit a formal letter to the trustee specifying your relationship to the trust and your overall contact information. A trustee has no more than sixty days after the trustor’s death to provide a copy of the trust on request. In your letter to the trustee, it is also helpful to reference California Probate Code section 16061.7 to remind them of their legal duty to provide the trust. If the trustee does not comply with this request, an heir or beneficiary can file a petition with the probate court, which is known as a Petition to Compel the Trustee to Provide a Copy of the Trust. You will also need to submit evidence of your entitlement to that document.
If you have further questions about using a trust for estate planning, contact our Pasadena estate planning law firm today.
