Q&A

How do I get a copy of my trust?

How do I get a copy of my trust?

You can get a copy of the Trust by simply asking for it. Once you know that your interest has vested, you can simply write a letter to the Trustee stating that you are legally entitled to a copy of the Trust and asking that the Trustee send it to you.

Can a trust property be sold?

The Delhi High Court has said prima facie no trust property can be held, sold, mortgaged or exchanged without prior permission of the court. NEW DELHI: The Delhi High Court has said prima facie no trust property can be held, sold, mortgaged or exchanged without prior permission of the court.

Can a trustee sell property in a trust?

The trustee can sell trust property when specified in the trust document whether or not the trust is a living trust or a revocable trust. If there is real estate, the trustee may need to sell it to divide the proceeds among the beneficiaries. Learn more about how trust assets are distributed to beneficiaries.

How do I get a copy of the trust?

Then you can either tell the Trustee that you are going to take him or her to Court or you can Contact an Estate Attorney to help you.

Can a presumptive beneficiary get a copy of a trust?

If you are a presumptive beneficiary, then your rights also depend on whether the trust is revocable or irrevocable. If the trust is revocable, then you, then, as a contingent beneficiary, you are not entitled to any information until the trust becomes irrevocable. Thus, you may not be entitled to a copy of the Trust until your interest vests.

Who is entitled to a copy of a last will and testament?

There’s no legal requirement that a last will and testament or a revocable living trust be read out loud to anyone. Instead, the trust attorney has to determine who is entitled to receive a copy of the trust and who should be sent a copy even if state law doesn’t require it.

How does a trust work with the state?

Merely governing a trust under state law provides no contacts with the state. Until or unless the courts of the state develop a relationship with the trust, that fact was of no consequence. In the end, the Court required the state to focus on contacts in the year at issue, not old, historical facts.

How can I get a copy of a trust?

File a petition with the probate court. If the trustee has still not provided you with a copy of the trust, you can file a petition in probate court. The probate court can order the trustee to provide you with a copy under Section 16061.7.

When do you need a copy of a trust in California?

In California, a beneficiary only has the right to obtain a copy of the trust when their rights have vested. Their rights vest when the trust becomes irrevocable, which is usually upon the death of the grantor. The trustee is not required to provide a copy of the trust to a beneficiary if the trust is revocable.

There’s no legal requirement that a last will and testament or a revocable living trust be read out loud to anyone. Instead, the trust attorney has to determine who is entitled to receive a copy of the trust and who should be sent a copy even if state law doesn’t require it.

Do you need a photocopy of a trust document?

If a broker, bank or other institution wants to see your trust document, use a photocopy of the original trust document — the one you signed and had notarized. Do not just print out and sign another copy.