Legal Question in Wills and Trusts in California
Trust Beneficiary
I am the Trustee of my uncle's Trust. My brother is not named in the Trust and is asking to see a copy of it. If he is not a beneficiary of the Trust, is he entitled to read it? Thank you.
1 Answer from Attorneys
Re: Trust Beneficiary
That depends on whether your uncle has passed away and whether your brother is an heir, as defined in the probate code. Since your brother is making the demand upon you, and not the uncle, I suspect the uncle has passed away, and you are the successor trustee.
Upon the death of the settlor the beneficiaries and the heirs are entitled to a copy of the trust, upon their request. Review Probate Code section 16061.5. Depending on the particular facts of your case, your brother could be an heir and entitled to a copy.
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