Legal Question in Wills and Trusts in California
What type of rights do the beneficiaries of a trust account have regarding getting information including inventory of assest at time of death, payments being made from trust accounts, ect. from the assigned executor of the estate?
3 Answers from Attorneys
Usually once the Settlor of the trust has died the trust becomes irrevocable and at that point your status as a beneficiary can no longer be changed. You are entitled to notification, a copy of the trust and you can request an accounting statement. You should make a request to the current trustee in writing and if that does not generate a satisfactory response, you should consult with an attorney to assist you.
Many revocable inter-vivos trusts have a "no accounting" provision. If so, Mr. Feldman's answer is not correct. In addition, you give a zip code that is not in California. If the settlor did not make the trust in California and/or did not die in California, any advice we could give might not be correct.
What you are entitled to receive by way of information will depend on the Trust document and on the California Probate Code. Even if there are no accounting provisions, that does not mean that you are not entitled to information and even an accounting. If push comes to shove, and you have to get the Court involved, the Courts generally lean to the disclosure of information to beneficiaries.
IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.
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