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If I am the beneficiary of a trust, am I entitled to a copy of the trust?

March 19, 2013 by Jenna Gimarelli

 

The answer is yes. Pursuant California statute, once the trustor (whether the trust is an individual trust or a joint trust) passes away and the trust becomes irrevocable you, as beneficiary or heir, are entitled to notice that a trust administration is being undertaken to administer the trust estate. You are also entitled to a copy of the trust and all of its amendments thereto pursuant to Probate Code Section 16061.7.  The notification shall be served no later than 60 days after the event that requires the notification or 60 days after the trustee becomes aware of the person entitled to receive notice. Once this notification goes out to the beneficiary, a 120 day period is “activated” in which you can bring an action to contest the terms of the trust. After the 120 day period expires, you no longer can contest the trust. You may, however, still request a copy of the trust and its amendments thereto.

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