California Law On Your Rights To Get A Copy Of A Living Trust
September 24, 2009 10:48 am ProbateWhen you have a California living trust, generally the trust is revocable while you are alive. That means no one has the right to ask to see it and it’s contents remain private. However, when either you or your spouse dies, a part or all of your California living trust becomes irrevocable. Once your trust becomes irrevocable, it’s contents are no longer private and any beneficiary can request a copy of it. California Probate Code Section 16061.5(a) provides that:
“When a revocable trust or any portion of a revocable trust becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, the trustee shall provide a true and complete copy of the terms of the irrevocable trust, or irrevocable portion of the trust, to any beneficiary of the trust who requests it and to any heir of a deceased settlor who requests it.”
March 31st, 2010 at 6:41 pm
I am a beneficiary to a living trust which was my partner’s. He passed away 2 years ago and his family will not release a copy of it to me or any other beneficiary. I was ill for a while (I was diagnosed with cancer) and I wanted to know where they stand with settling his estate but they won’t talk with me. Can I request a copy. We are all from California.
April 8th, 2010 at 9:52 am
You are absolutely entitled to a copy as a beneficiary, under California Probate Code Section 16061.7. A demand letter should be written immediately! Please Contact our office for assistance in this matter. 877-776-2283.
July 9th, 2010 at 8:18 pm
Around 1957, my mother and father generated a Will, naming my mom,then the children (8) as beneficiaries. 27 years later (mom 88yrs)had a Trust drawn up. She has now passed away as of Nov.6,2009. My question is can this new Trust, take the place of the old will. because the Trust elimanits my oldest brother which predeaced my mother?
July 9th, 2010 at 8:25 pm
I forgot to mention that my dad passed away in 1984. Then my mom in 2009. I do not have a copy of the Will generated in 1957. Where can I get a copy? Was this copy filled with the court? When the Trust generated by my mom 4 yrs. ago, did the Will of 1957 have to be declared before the New Trust was generated?
July 27th, 2010 at 3:12 pm
Most likely yes…assuming that your mom executed a new pour over will at the time of the execution of the trust. Also, if there are no assets that need to pass through probate, then they will may be obsolete any way.
July 27th, 2010 at 3:18 pm
Wills are not made public during a person’s lifetime so you won’t find it unless someone lodged it with the court after your father’s death. It would be in the County Courthouse where your father resided at his time of death. Again, it may be obsolete. We recommend you contact the attorney who prepared the trust & ask for copies of everything.