Q: As a beneficiary and co trustee to a trust that became irrevocable upon my fathers death, but his wife is still living.
Can I get a copy of that trust, and can she change the beneficiaries (wants to exclude my spouse and return any monies I have coming to the estate if I die before her)? Can we require an accounting?
A:
As the trustee, and also a beneficiary now that the trust has become irrevocable, you are entitled to a copy of the Trust by California Probate Code 16061.5.
Whether or not she can change beneficiaries depends on what the Trust says. Those things govern themselves and have their own rules. PROBABLY, she cannot.
Trustees are required by Probate section 16060 to keep the beneficiaries reasonably informed of the trust and its administration. Section 16061 would require the trustee to give a report about assets and liabilities.
Genene N. Dunn agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
