Legal Question in Wills and Trusts in California
Yearly notification of status of the trust
My Father-in-law left us a stock account of $30,000 which we do not receive until the death of the Stepmother. Unfortunately the Stepmother refuses to give us any info. I think I read somewhere that the trustee (which is the Stepmother)is required to notify the beneficiaries yearly of the status of the trust. Could someone please tell me if this is true and where I can find the actual wording of this "law"? Thank you!
1 Answer from Attorneys
Re: Yearly notification of status of the trust
Here is the statute I think you want, from the California probate code:
16060. The trustee has a duty to keep the beneficiaries of the
trust reasonably informed of the trust and its administration.
16061. Except as provided in Section 16064, on reasonable request
by a beneficiary, the trustee shall provide the beneficiary with a
report of information about the assets, liabilities, receipts, and
disbursements of the trust, the acts of the trustee, and the
particulars relating to the administration of the trust relevant to
the beneficiary's interest, including the terms of the trust.
16064. The trustee is not required to report information or account
to a beneficiary in any of the following circumstances:
(a) To the extent the trust instrument waives the report or
account, except that no waiver described in subdivision (e) of
Section 16062 shall be valid or enforceable. Regardless of a waiver
of accounting in the trust instrument, upon a showing that it is
reasonably likely that a material breach of the trust has occurred,
the court may compel the trustee to report information about the
trust and to account.
(b) In the case of a beneficiary of a revocable trust, as provided
in Section 15800, for the period when the trust may be revoked.
(c) As to a beneficiary who has waived in writing the right to a
report or account. A waiver of rights under this subdivision may be
withdrawn in writing at any time as to the most recent account and
future accounts. A waiver has no effect on the beneficiary's right
to petition for a report or account pursuant to Section 17200.
(d) Where the beneficiary and the trustee are the same person.