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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41015
Experience:  Texas lawyer for 30 years in Estate law
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A relative of a friend passed away. She had established a

Customer Question

A relative of a friend passed away. She had established a revocable trust. The trustee provided my friend with a copy of the trust and a copy of a Third Amendment, but both the trustee and her attorney have ignored his formal request for copies of the First and Second Amendent. Is the Third Amendment valid without producing the First and the Second Amendment?
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here under California law a beneficiary is entitled to a copy of the trust and all amendments.Failure to provide this can result in removal by the courts of the trustee.
I would write a demand letter citing the law below stating you are considering a removal action if these documents in their entirety are not for forwarded to you immediately.This is a requirement that they do so.
You can write one letter to trustee and their lawyer.
Here i s the law for referral.
16061.5. (a) A trustee shall provide a true and complete copy of the terms of the irrevocable trust, or irrevocable portion of the trust, to each of the following: (1) Any beneficiary of the trust who requests it, and to any heir of a deceased settlor who requests it, 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, when a power of appointment is effective or lapses upon the death of a settlor under the circumstances described in paragraph (3) of subdivision (a) of Section 16061.7, 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. (2) Any beneficiary of the trust who requests it, whenever there is a change of trustee of an irrevocable trust. (3) If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General, if requested, 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, when a power of appointment is effective or lapses upon the death of a settlor under the circumstances described in paragraph (3) of subdivision (a) of Section 16061.7, 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, and whenever there is a change of trustee of an irrevocable trust. (b) The trustee shall, for purposes of this section, rely upon any final judicial determination of heirship. However, the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known t
Mr. Bob Jones
Attorney at Law
Mr. Bill Smith, Trustee
Re: Copy of Missing Trust Amendments
Dear Sirs,
I am writing you and making demand for the missing amendments, the first and second ones.I am making this demand pursuant to California 1061.5 so that the complete trust can be read and reviewed.This is part of the law that an heir have access to all of this information as st out under the statute.
It is my intention if this is information is not sent immediately to consider a removal action of the trustee under the law.There is a requirement of communication as well and the failure to provide the requested information may be a separate breach of fiduciary duties of the trustee and lawyer for the trust and actionable as well.
I will be looking for the documents to be sent without delay.
Sincerely yours,
Your name.
Something like this for sample, fee free to modify it.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.