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By: Scott Grossman on January 17th, 2020

What do you do when the trustee will not give you a copy of the trust?

First, never take “no” for an answer.  If you are a trust beneficiary, then your common sense tells you that you are entitled to get a copy of the trust.  You are right.

Second, you or your trust litigation attorney sends a written demand to the trustee for a copy of the trust.  The demand doesn’t have to be fancy and it should never be rude. Your demand letter may be an exhibit during a court proceeding. Therefore, make sure it says what it should and you would be comfortable having it displayed to the world.

Third, give the trustee sixty days to respond.  If you get the trust in that time then your problem is solved.  If the trust isn’t sent to you then go to step four.

Fourth, have your trust litigation attorney file a petition with the probate court. This will compel the trustee to provide you with a copy of the trust. This will also compel them to pay attorney’s fees and costs for you having to file the petition.

The Grossman Law Firm, A.P.C. helps clients protect their rightful interests to a California estate or trust. Our office will pursue legal action against trustees, administrators, or executors, and we will handle other trust and probate litigation matters in the California probate court. To learn more about the probate of an estate and administration of a trust in California, view our free guide The Insider’s Guide to California Probate and Trust Administration. If you suspect that your rights are not being protected, The Ultimate Guide to California Trust and Probate Litigation provides further information.

Litigation (noun):

Litigation is the act or process of bringing a lawsuit to enforce a particular right. This can include Will contests, Trust Litigations, and Probate Litigation.

Beneficiary (noun):

A person who benefits from a trust, will, or life insurance policy. This includes heir, heiress, inheritor, legatee; recipient, receiver, payee, donee, assignee; devisee, grantee.