Legal Question in Wills and Trusts in California
My Father died in september 2011, My step-sister's husband is the trustee. I requested a copy of the trust and was told that was at the discrestion of the trustee. Am I not entitled to see a cpoy of the trust and an outline of the assets in question?
3 Answers from Attorneys
You are entitled to a copy of the terms of the trust. You will also be entitled to an accounting at some point IF you are a beneficiary.
In addtiion to Ms. Cusack's comment above, under the probate code, if the trustee refuses to give you a copy of the trust, then the trustee can be liable for fees and costs associated with requiring the trustee to give you a copy.
Ms. Cusack and Ms. Rouse are correct. You are entitled to a copy of the terms of the trust under the Probate code. Even thought the code uses the terminology "terms of the trust", you should receive a copy of the trust document itself.
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