Can I Get A Copy Of A Living Trust?

I just received an email from Walt in Los Angeles, CA after reading this blog and this is what he wrote:

“Both parents are deceased. I know they had a living trust. I am not on good terms with my siblings. How can I find out about the trust and what is in it?”

Here is my reply:

“Walt, You can ask for a copy because if you are a beneficiary you are entitled to it by law. If they refuse, you can file a petition to remove them as successor trustee for breach of their fiduciary duty to give you a copy.

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.’

“If you would like me to help you file a petition to get the copy, please let me know.”

If you have a similar issue, please call California probate attorney Mitchell A. Port at (310) 559-5259.