Back to the Learning Center

By: Scott Grossman on September 14th, 2016

Obtaining a Copy of a Trust in San Diego

San Diego trust beneficiaries and heirs usually get a copy of their loved one’s trust.  But sometimes a trustee is not cooperative or refuses to provide a copy of the trust.  Experienced California trust litigation attorney Scott Grossman explains how to go about obtaining a copy of the trust and how you can get the trustee’s cooperation or a court order to produce the trust.

Do you need help obtaining a copy of a trust?

Does the Trustee have to give you a Copy of a Trust? If you are a beneficiary or an heir of someone whose died, you have the right to a copy of a written trust. So how do you get the trustee to provide it?

You have the right to get a copy of a trust.

If two people have created the trust, then when both of them have passed away, anyone who is a beneficiary or an heir is entitled to a copy of the trust.

For example, if mom and dad create a trust together, when both have passed away, then a child or grandchild get a copy of the trust. The child or grandchildren are what the law calls heirs. This means they are legally entitled to receive a copy of the trust.

So are those individuals or organizations that are to inherit from the trust. Most trustees are good at providing copies when people ask for them, but not all trustees. If the trustee of the trust does not give you a copy, then your attorney can send a written demand to the trustee for a copy of the trust.

Once your attorney sends that written demand, the trustee has 60 days to provide a copy of the trust. They are required to do this, if they don’t, your attorney can file a petition with the probate court. The court will then issue an order compelling the trustee to provide you a written copy of the trust. Administering an estate requires the guidance of an experienced probate attorney, and the Grossman Law Firm, A.P.C. is here to help. We regularly administer estates and appear on behalf of our probate clients in the Riverside probate court. For more information about the probate of estates and administration of trusts in California, request our free book The Insider’s Guide to California Probate and Trust Administration. If you suspect that your rights are not being protected, request our free book The Ultimate Guide to California Trust and Probate Litigation which provides further information.