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By: Scott Grossman on September 13th, 2016

How do I get a copy of my deceased parents’ trust?

Settlor (noun):

The party that creates a trust. The settlor assigns legal title in some assets to the trustee. The settlor then outlines in the trust instrument how that trust property is to be used for the beneficiaries. In the case of the inter vivos trust, the settlor can also be the beneficiary.  Moreover, a settlor can be the trustee in the case of the self-declared trust.

Getting a copy of a deceased parents’ trust

When the settler (or creator) of the trust dies, all the beneficiaries listed in the trust and all the heirs of the settler are entitled to receive a copy of the trust and its amendments from the trustee. If the trustee did not provide you a copy, then you need to make a written request.

A trustee has 60 days from the time you request a copy of a deceased parents’ trust to provide one.

Making a request in writing is the first step in California to getting a copy of a trust. Send that request in an email or by snail mail and keep a copy of the document requesting the copy. If the trustee does not respond, then it is time to contact an attorney. An attorney can then help you by going to court to compel them to produce a copy of the trust.

When an heir is requesting a copy of the trust, even if they are not a beneficiary they have a right to a copy of the deceased parents’ trust.

If you requested a copy of a deceased parents’ trust with no response, then call us! We are here to help you get the inheritance and copy of the trust that is rightfully yours. Contact us by calling our office at (888) 443-6590, by having a chat, or by clicking here. You can also request a free copy of Attorney Scott Grossman’s book, Winning The Inheritance Battle: The Ultimate Guide To California Trust And Probate Litigation