California trust beneficiary rights not only protect your inheritance and preserve the integrity of the trust, but they also provide beneficiaries grounds to strike back and pursue litigation when a trustee is violating your rights. But to leverage these rights, you must know what they are. One crucial right is your right to receive a copy of the trust, as this is your greatest tool in court.
At Gokal Law Group, we’ve helped beneficiaries just like you defend and enforce their rights and achieve the best possible outcome for years. Learn more about this right in our blog.
California Trust Beneficiary Rights: Are Beneficiaries Entitled to a Copy of the Trust in California?
Per California trust law, beneficiary rights include the right to see the trust. California Probate Law section 16061.7 requires that the trustee provides beneficiaries and heirs with copies of the trust document. Let’s get into what this entails.
What Are Beneficiary Rights to Trust Information?
California trust beneficiary rights state that, as a beneficiary, you are entitled to receive information (including an accounting) to ensure that the trustee is managing and administering the trust in accordance with their fiduciary duties and the trust instrument.
Receiving copies of the trust document falls under this umbrella. Trustees should also inform the beneficiaries of any changes or amendments they make to the trust and how the trustee plans to administer and distribute the estate.
In a sense, this right goes hand in hand with your right to protect the assets that the person who created the trust left behind for you. But trustees typically have timeframes to follow to stay in the court’s good graces.
As a result, you must receive regular updates and monitor the progress of trust administration while providing ‘reasonable time’ for the process. Settling an estate is a time-consuming and complex process that can typically take between 12 and 18 months.
Are Beneficiaries Entitled to a Copy of the Trust?
One of the most important trust beneficiary rights in California is the legal right to a copy of a trust and its amendments. This right becomes enforceable when the trust becomes irrevocable or up to 60 days after the trust creator dies.
You, any heirs (someone married or biologically related to the trust creator), and anyone listed as a trust beneficiary should expect to receive the copy by mail. Even if an heir is told they are disinherited, they should still receive a copy of the trust.
“A copy of the trust document is one of the most important tools at your disposal. This instrument dictates how the trustee must administer and manage the trust, and it provides an insight into what they can and cannot do. When someone suspects the trustee is either violating their fiduciary duty or infringing on someone’s California trust beneficiary rights, the trust is the first place we look. Without this at your disposal, you are effectively left in the dark.”
– Nicholas D. Porrazzo, Beneficiary Rights Lawyer, Gokal Law Group
How Can a Beneficiary Get a Copy of the Trust in California?
If a trustee does not honor California trust beneficiary rights and provide you with a copy of the trust, you can request it formally in writing. After receiving a written demand, the trustee has 60 days to furnish you with a copy of the trust.
If a trustee refuses or fails to provide a copy, work with a beneficiary representation lawyer to pursue legal action and petition the courts to obtain the document. But, as part of the rights of a beneficiary of a trust, trustees need to provide more than just the document.
When a beneficiary requests a copy of the trust, the trustee should also:
- Provide a copy of the trust document
- Detail how much money is in the trust and the property and assets it holds
- Detail what each beneficiary can expect to receive per trust term
Has Someone Violated Your California Trust Beneficiary Rights? Work with Trust Beneficiary Lawyers to Defend Them!
Your California trust beneficiary rights are essential to safeguarding your inheritance and preserving the integrity of the trust. But if your rights are a weapon, you need someone on your side who is an expert at wielding them, which is why working with beneficiary lawyers is of the utmost importance.
Do you need to defend your beneficiary rights? Visit our Contact Page to book a consultation to enforce them in court!
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