Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you tonight.You have the right here by law to copies of all the trust documents and amendments. You can seek through the court a court ordered accounting and the trustee can be removed for failure to communicate and provide you the trust documents and for breaching their fiduciary duties to you. As life beneficiary you do have these rights here and can enforce them through Superior Court here in California if necessary.
Unless the trust is revocable by someone else (like a revocable living trust while the settlor is still alive), the beneficiary has the following rights, in addition to any rights listed in the trust:
More on your rights and duties of trustee..
You may want to consider your own lawyer and taking this to court to seek court ordered accounting and removal of trustee.
I appreciate the chance to help you tonight.I wish you the best here.You do have rights here as a life beneficiary.
California Probate Code Section 16061.7 requires a trustee to
send notice to trust beneficiaries when a revocable trust becomes irrevocable due to the settlor’s death as provided by specific trust
terms, or when a new trustee has taken over. This notice must be sent within 60 days after the
settlor’s death or at the time a new trustee takes charge. The notice must include information
regarding how a beneficiary may contact the trustee to obtain a copy of the trust. A trustee who
fails to serve notice is responsible for all damages, attorney’s fees and costs caused by
such failure unless it can be shown that the trustee has made a diligent effort to comply with the requirement.
A trustee has a legal duty to keep beneficiaries of a trust informed of the trust and its
administration (California Probate Code section 16060). This means a trustee must be responsive to
requests for information, as long as the requests are reasonable and not overly burdensome.
A trustee is required to provide to each beneficiary at least an annual
accounting listing all the trust’s assets and liabilities,its receipts and disbursements and
the actions of the trustee (California Probate Code section 16062.
As you can see you do have many rights here under the law here in California.
Lawyer for you here..