Legal Question in Wills and Trusts in California
Does a beneficiary of a Will or Trust have the right to a copy of the document?
Asked on 11/18/14, 8:27 pm
2 Answers from Attorneys
Michele Cusack
Pollak & Cusack
Not until the Trustor or Testator dies. (Successor Trustee must provide copy of trust if requested. Executor or administrator must file the will in the court where the decedent died and attach copy to Petition for Probate; both are public record.
Answered on 11/18/14, 9:30 pm
Len Tillem
Tillem McNichol & Brown
When a testator (person who makes a will) dies, the person in possession of the will must file it with the court, even if there's no probate.
If there's a trust, the trustee must give notice to the beneficiaries (and persons who would otherwise inherit if there's no estate plan) under Probate Code section 16061.7, which also advises the recipients of their right to a copy of the trust instrument.
Answered on 11/19/14, 9:19 am