Legal Question in Wills and Trusts in California
Disclosure rights for living trust co-executor
My stepsister and I are co-executors of my father and step-mothers living trust. My father died 5 years ago. The trust split into an ''A'' and ''B'' trust at that time. My stepmother lives off the ''A'' portion. My stepsister manages her money. As coexecutor what rights do I have as far as getting infor mation on the value of the ''A'' side of the trust?
4 Answers from Attorneys
Re: Disclosure rights for living trust co-executor
First, you are not co-executors. You may be co-trustees, you may be co-beneficiaries. You are, in any case, entitled to a copy of the trust document.
Re: Disclosure rights for living trust co-executor
Unfortunately, unless the trust document requires accounting, you won't be able to get much info regarding the A side, especially if it is revocable. If the trust document doesn't state any requirement for accounting, the probate code only requires an accounting to "each beneficiary to whom income or principal is required or authorized in the trustee's discretion to be currently distributed." If you are authorized to take distribution from the A trust (which I doubt), then you may ask for an accounting. Also, "currently" mean now, so if you only take after your stepmother passes away, you are not considered a current beneficiary.
Re: Disclosure rights for living trust co-executor
if you are actually a co-trustee, then you have the right to obtain information (and you also may have liability as a fiduciary for actions of the other co-trustee [depending upon the language of the trust]. if not, it will depend upon the language of the trust agreement. you need to retain an attorney to advise you regarding your duties and responsibilities as a co-trustee.
Re: Disclosure rights for living trust co-executor
If you are a co-trustee, the law REQUIRES the complete sharing of ALL information. We have a case in litigation right now with very similar facts.
Please feel free to contact me off this public forum, at our office, to discuss the details of your situation privately. I can be reached at the address, phone and email here on lawGuru, or through our firm's informative website located at No-Probate.com.
Scott