Notification to all beneficiaries of an irrevocable trust or the irrevocable portion of a trust must be given in the following circumstances:
a. When a previously revocable trust becomes irrevocable in full or in part.
b. When there is a change of trustees of an irrevocable trust.
c. The persons to receive notification are:
1. Each beneficiary of the irrevocable trust or irrevocable portion.
2. Each heir of the trustmaker if the event creating the irrevocability is the death of the trustmaker.
3. Attorney general if the trust is a charitable trust subject to the supervision by the attorney general.
d. Identification of said persons is tempered by the ability of the trustee to identify or locate such persons through reasonable diligence.
3. Notification is to be made by mail to the last known address or by personal delivery within 60-days following the occurrence of the event requiring service of the notification, or 60-days following the trustee becoming aware of the existence of the person entitled to notification.
4. The notification must contain the following:
a. The identity of the trustmaker and the date of the trust.
b. The name, mailing address and phone number of each trustee of the trust.
c. The address of the physical location serving as the place of administration of the trust.
d. Any additional information that may be required by the terms of the trust itself.
e. The right of the recipient upon reasonable request to receive a true and complete copy of the terms of the trust as applicable to that person.
f. A warning, set out in a separate paragraph in not less than 10 point boldfaced type, that states, "you may not bring an action to contest the trust more than 120-days from the date this notification by the trustee is served upon you or 60-days from the day on which a copy of the terms of the trust is mailed or personally delivered to you in response to your request during the 120-day period, whichever is later." (This warning is not required if notification is served only because of a change of trustee.)
5. Failure of a trustee to provide the required notice will subject the trustee to all damages, including attorney fees and costs caused by the failure to give the notification unless the trustee has made a good faith effort to comply with that responsibility.