Legal Question in Wills and Trusts in California
Does a successor trustee owe disclosure of revocable trust terms to beneficiaries (prior to the death of the settlor/original trustee)?
Asked on 12/16/12, 9:00 pm
2 Answers from Attorneys
Victor Waid
Law Office of Victor Waid
No. The successor trustee has only the powers as provided in the trust agreement, unless the still living settlor/original authorizes disclosure; advise you get subsequent disclosure in authority in writing from the settlor of the revocable trust before you disclose anything to beneficiaries..
Answered on 12/16/12, 9:54 pm
Charles Perry
Law Offices of Charles R. Perry
A trustee has no duty of disclosure to the contingent beneficiaries of a revocable trust until that trust becomes irrevocable after the settlor's death. It would be unusual for me to advise a trustee to make any disclosure to the contingent beneficiaries without the settlor's consent.
Answered on 12/17/12, 12:35 am