How to Find Out if a Trust Exists and What to Do With It

Being named the beneficiary of a trust can be a life-changing event that serves as a testament to your relationship with your deceased loved one. But what if you are having trouble finding the trust document itself? Navigating trust law can be overwhelming, and the experience is only compounded by the emotions following a loss. Despite the challenges, you still must understand how to find out if a trust exists, how to find a trust, and what to do with a trust once you have found it. We can guide you through this process to help you reach a place of healing, closure, and fulfilling the wishes of your recently passed loved one.

At Gokal Law Group, we have helped countless beneficiaries like you enforce their beneficiary rights and receive their inheritance. Here are some key steps in understanding and navigating the process. 

How to Find Out if a Trust Exists and What to Do With It

Typically, when the person who created a trust dies, their trust becomes irrevocable (it can no longer be changed) and the administration of that trust begins. During this process, the trustee is required to notify all beneficiaries and intestate heirs, gather all the trust assets, and distributing the inheritance to each of the beneficiaries. Locating a trust document is crucial to determine if you are entitled to an inheritance and what amount you are supposed to receive.  Understanding the trust process is critical to know how to find out if a trust exists. 

Where Are Trusts Recorded?

As you learn how to find out if a trust exists, one of your primary questions may be whether trust documents are public record. Generally, trusts are not public records because they operate outside the court system, requiring no court involvement for their creation or administration.

Trusts are inherently private documents, making it uncommon to find them through the County Clerk or court inquiries. While trusts may become public in the event of a lawsuit, determining their existence typically necessitates a different approach. The only prerequisites for managing a trust are the appointment of a trustee and the existence of the trust document, which facilitates asset distribution without court oversight. While this privacy benefits beneficiaries, it can also pose challenges.

It is rare for a trust to be formally recorded with the County Clerk or included in case files unless a legal dispute arises. However, tangible assets such as real property, bank accounts, and other financial resources are usually titled in the name of the trust. Thus, you can check for the existence of a trust by searching the titles of real estate (such as a house, land, or condo) or reviewing retirement or bank account statements.

Due to this confidentiality, if a trustee does not provide beneficiaries with copies of the trust document, accessing the information or confirming the trust’s existence can be difficult. This brings us to the next critical step in this process: how to find out if you are the beneficiary of a trust. 

How to Find Out if You Are the Beneficiary of a Trust

A successor trustee—the individual who steps in after the trust creator’s death—is required to notify all beneficiaries and heirs at law within 60 days of the trustor’s passing.

The first step in how to find out if you are the beneficiary of a trust is to obtain a copy of the trust document. Typically, if the successor trustee provides the necessary notice, they will also include a copy of the trust. If they do not, you have the right to request one.

In some cases, you may receive the trustee’s notice but not know where the trust document is kept or filed. This can complicate your search if you’re unsure how to access it.

Occasionally, a trust may become part of the public record, albeit indirectly. For example, if the trust holds real estate, the deeds transferring property titles to the trustee may be recorded with the County Clerk. While this record doesn’t provide the details of the trust itself, it can confirm the trust’s existence.

Additionally, if the trust has been involved in legal disputes—such as a property conflict or claims of trustee misconduct—it may also become part of the public record.

These documents can serve as a valuable starting point in how to find out if a trust exists. Once you have a reasonable certainty that a trust does exist, you can proceed to locate the document to determine if you are a beneficiary.

How to Locate a Trust Document

Many people may have a copy of the trust and may be good in your search when trying to figure out how to find out if a trust exists, so identifying who they are is crucial. 

The successor trustee is most likely to have access to the trust, so you should start with the person you believe to be the successor trustee. If they don’t have that information, professionals involved in the trust’s creation, such as an estate planning attorney, financial advisor, or CPA, could have it. 

Close relatives could also be key, especially a surviving spouse, siblings, or children. They may know where the trust is stored, whether it’s in a safe, safety box, drawer, file, or another secure location. The decedent’s tax returns, investment accounts, or bank accounts could also yield information, and these are documents family may have access to.  

These individuals may also know which estate planning firm helped the decedent create the trust, as they may have a copy or the original document. Close relatives may also be authorized to request information you cannot.

Some details to start gathering in your pursuit include:

• The name of the trust
• The city or county where the trust or the majority of its properties are likely located
• Documents, including property deeds, that refer to the trust’s existence
• Contact information of all parties who may have information about the trust

Know that a trustee who refuses to share a trust document with interested parties could be a violation of their fiduciary duties, which is why working with a lawyer is crucial. They will know how to find a trust and hold the trustee accountable.

How to Get a Copy of a Trust Document

Now that we have covered how to find out if a trust exists and how to locate it, let’s discuss how some aspects of trust law work to your advantage when you are trying to determine how to obtain a copy of the trust. 

In California, beneficiaries and heirs are entitled to copies of the trust from the successor trustee after the person who created the trust passes away and the trust becomes irrevocable. Once this has occurred, the successor trustee must provide beneficiaries with a copy of the trust upon request. 

As a beneficiary, if the trustee fails to provide you with a copy of the trust, it is essential to work with a trust litigation lawyer to enforce your trust beneficiary rights and get a copy of it. 

Related Article: Can a Non-Beneficiary Contest a Trust in California?

What Should You Do With a Trust When You Find It?

Now you know how to find out if a trust exists and what you can do to get a copy of it. But what should you do with the trust document when you finally have it in your possession? 

Your top priority should be taking it to a trust litigation lawyer to enforce the terms of the trust. For example, if someone is trying to block you from receiving your inheritance, you can dispute this using the document to determine what you are entitled to. 

Alternatively, if someone is trying to take a bigger share of the trust than they are entitled to per the document, you can dispute that. With the trust document, your attorney can see if you are named trust beneficiary, inform you of your rights, and help you enforce them. 

If the trustee tried to withhold the trust from you, you may even have grounds to pursue litigation against the trustee for breaching their fiduciary duty. 

“Locating the original trust document is a key step in determining if you are a beneficiary.  An attorney can help you understand your rights as a beneficiary and advocate to ensure you receive all of the rights your loved one has gifted to you in their trust.  At times, legal guidance is critical to ensure you receive your inheritance and enforce your rights.”  

– Harry Wallace, Senior Trial Attorney, Gokal Law Group

Related Article: How Gokal Law Group Helps Clients Succeed in Litigation

Are You Wondering How to Find Out if a Trust Exists? We Can Help Uncover a Trust and Enforce Your Beneficiary Rights. 

 

If you need help navigating how to find out if a trust exists, locating it, obtaining a copy, or enforcing your rights as a trust beneficiary, our team of attorneys can help. Our top priority is your best interest, and our passion is helping clients receive the inheritance they deserve. When you work with Gokal Law Group, you receive support and insight from our entire team.

Visit our Contact page to schedule a consultation. 

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