Thursday, 27 November 2014

My father died in 2003, and his Will and Trust named my mother, my sister and me as beneficiaries. When my mother died I became the Executor...

Question

My father died in 2003, and his Will and Trust named my mother, my sister and me as beneficiaries. When my mother died I became the Executor. The Will specifically excluded another half-sister as a beneficiary, and she was not contacted at that time nor did she attempt contact. She now is requesting copies of the Will, Trust and Estate accounts. What does the law compel me to do?



Answer

Under California Probate Code section 16061.7, trust beneficiaries and legal heirs (the persons who would inherit if there was no will or trust) are entitled to a notice whenever a trust becomes irrevocable (such as the death of the person creating the trust) or upon the change of trustees of an irrevocable trust. The same persons are entitled to a copy of the under Probate Code section 16061.5.

So, without reviewing all of the documents, my best guess is that your half-sister is entitled to a copy of the trust even though she's not a beneficiary.



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