How To Get A Copy of A Trust Document

Who’s entitled to a copy of the trust?

Anyone who appears in the trust document as a direct beneficiary is entitled to the trust documents. A direct beneficiary is an individual entitled to payments from the trust immediately. These individuals are typically named by the settlor during the trust creation and designated to receive some portion of the trust income and other relief, including the right to information about the trust accounting.

On the other hand, if you are entitled to payments from a trust only after the occurrence of an event, for example, the death of the settlor, you are not a direct beneficiary but a contingent or presumptive beneficiary. In such a case, you are not entitled to a copy of the trust or its accounting until you gain irrevocable ownership of your interest.

However, if the trust is irrevocable from the start, you may have a right to some info from the beginning, encompassing or not accounting for its assets. In any case, it depends on what the trust instructions say, so always read them carefully.

Other people entitled to the trust documents include the settlor and the heirs. It’s crucial to provide a copy of the trust to disinherited heirs so they can decide whether to contest it. Of course, heirs include the settlor’s spouses and any of their biological relatives, including children, grandchildren, parents, siblings, etc. This excludes neighbors, friends, and in-laws. These people can help heirs but are not entitled to a copy of the terms of the trust for themselves.

When does the trustee have to provide a copy of the trust?

California trust law states that a trustee must provide a copy of the terms of the trust when a revocable trust or a portion of it becomes irrevocable. Such a scenario can happen due to the death of the settlor. For example, if one of your parents created a revocable trust, that parent is the settlor, and when they die, the trust becomes irrevocable. However, if both parents create the trust and one dies, only a part of the trust becomes irrevocable. In any case, you are entitled to a copy of the irrevocable terms of the trust.

Another scenario where the trustee must provide a copy of the terms of the trust is when a power of appointment is effective or lapses upon the death of the settlor of an irrevocable trust. Irrevocable trusts are typically established for specific purposes like Medi-Cal planning and keeping assets from creditors. The settlor creates power of appointment when they name someone in charge of disposing of the trust assets when they die. When the settlor dies, you’re entitled to a copy of the California certificate of trust.

A trustee must also provide a copy of the terms of the trust in case the trust has a clause that says it becomes irrevocable upon the settlor’s death or within one year of the settlor’s death. In such a case, beneficiaries and heirs are entitled to a copy of the irrevocable terms of the trust when it becomes irrevocable as conditioned.

Additionally, any beneficiary of a trust may request a copy of the terms of the trust when there’s been a change of trustee of an irrevocable trust. This can happen following a settlor’s death, when a trustee skives from their responsibilities, resigns, gets booted, or dies. In such a case, any beneficiary is entitled to a copy of the trust terms by asking.

How do you find trust documents?

The parties mentioned above are entitled to a copy of their trust just by asking for it. Often, if the fiduciary is doing their job the right way, you won’t even need to do that.

Typically, trustees have to notify beneficiaries and heirs of changes in trust when the trust or a portion of it becomes irrevocable following the settlor’s death. They are required to do the notification within 60 days of the settlor’s death.

The trustee notice must reveal the settlor’s identity and date of the trust’s creation, trustee name and contact info, physical address of the place the trust is administered, and an attached copy of the California certificate of trust or a message informing the beneficiary or heir that they are welcome to make a written request for the actual copy of the trust anytime.

If the trustee doesn’t attach a comprehensive copy of the trust on their own accord, you have to send a written request. California law provides three steps for obtaining a copy of the terms of your trust.

• Write a letter informing the trustee you’re legally entitled to the trust documents.
• Make sure to put in the letter of request to receive a copy of the trust and any amendments made.
• Give the trustee up to 60 days to respond. In any case, if the settlor is still alive and mentally competent, you may not be allowed to get your hands on a copy of your California certificate of trust. However, if they are dead, you are entitled to a copy of the trust terms mentioned above.

What if the trustee won’t give you a copy of the trust

Suppose you are the beneficiary of the trust or heir of the settlor who’s died, and you’ve written to the trustee requesting a copy of your California certificate of trust. Still, they fail to respond or decline your request. In that case, you can threaten the individual with a court case.

Most people, especially fiduciary professionals, fear being sued and sustaining damage to their reputation. If you get your estate attorney to send the trustees a letter advising them to assent to your request, they’ll likely produce the papers in fear of a court case.

However, you can petition to compel them to comply if they still refuse. A proceeding to compel a trust is an opportunity for the beneficiary of a trust, a distributee, or a settlor’s heir to get copies of the document when the person holding the trust refuses to assent to written requests for the documents.

Suppose the fiduciary refuses to provide copies of the document because they’ve messed up with the accounting, misappropriated funds, or don’t want you to know what’s written. In that case, you can have your attorney file a petition to compel. Sometimes, people even say there’s a trust when it doesn’t exist to delay things and swindle an estate’s assets under the heir’s nose.

A petition to compel is usually done by preparing a verified petition and an order directing the parties who know or may know the document’s whereabouts to provide it in court.

What to do with a copy of your California certificate of trust

Once you obtain a copy of your trust’s terms and any amendments, go through it carefully with your attorney. You may also want to get your mitts on a comprehensive accounting of the trust assets or even compel the trustee to distribute the assets in the trust as stated in the trust document.

In any case, the trustee is a fiduciary, meaning they owe you the duty of care, loyalty, and good faith in all matters concerning your trust. That includes the duty of disclosure of all information regarding the trust’s terms, amendments, income earned, paid expenses, doled-out benefits, principal payments, and the remaining principal and income.

Always work with a qualified attorney to protect your beneficiary or heirship rights and interests. We are experienced trust and estate attorneys in California with years of experience guiding clients on how to find trust documents and providing representation on trust and probate litigation matters. Please schedule an appointment on our website today to speak with a qualified expert about the details of your case and find out how we can help.