Q: mY PARENTS HAVE A LIVING TRUST I AM ONE OF 3 CHILDREN WHO HAS THE RIGHT TO SEE THE TRUST ? DO THE CHILDREN
A: As long as your parents’ trust is revocable, no one has the right to see their trust, not even their children. The only time that you have a right to see their trust is when that trust or a portion of that trust becomes irrevocable due to the death of a trustor, or you are entitled to discretionary payments of income or principal from their trust. Arguably you might also be entitled to see their trust if one trustor has died and the other is incapacitated. Check with a trusts and estates lawyer if you’re in doubt.
A: Under California law, when the trust becomes irrevocable (which occurs when the last settlor passes) the trustee must send notice to each beneficiary of the trust AND each heir of the settlor. If the trustee does not enclose a copy of the trust with that notice, any beneficiary or heir may request a copy. Even if an heir or beneficiary does not receive such a notice, he or she can still request a copy and is entitled to receive a copy.
To answer your question more succinctly, all of the children are entitled to see the trust, even if some or all of them are not beneficiaries.
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