Legal Question in Wills and Trusts in California
trustee's duty to notify
Hello, Must a trustee notify all heirs within 60 days of death of the terms of the trust (provide a copy of the trust documents ) or is the trustee merely required to notify an heir of the right to request a copy of the trust?
2 Answers from Attorneys
Re: trustee's duty to notify
In California, the trustee does not have to send a copy of the trust unless requested--some send it anyway. The notice of your right to request a copy, though, is required.
Re: trustee's duty to notify
Under Probate Code 16061.7, a successor trustee must give notice of certain things relating to the trust to all know beneficiaries within 60 days of death, but need only advise the beneficiary of the right to request a copy of the trust; but then,the trustee must provide a copy on request. Kind of circuitous, but that is the way it is written. As to trust accountings etc., the trustee must report such information on reasonable request. Probate Code 16061.
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