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copy of trust for alternate beneficiary upon death of trustor?

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thankyousomuch

Junior Member
What is the name of your state (only U.S. law)? California
my question: In California, is an alternate beneficiary entitled to a copy of the trust upon the death of the settlor? or not until the death of the primary beneficiary?
If you’re wondering why I'm asking… My nephew is the sole beneficiary of his father’s trust (only living child). While not legally declared incompetent, my nephew is not “all there” (he receives SSI- was never able to hold a job). When he was alive, the father regularly supplemented my nephew’s income. My nephew is calling me every few days with questions - is confused about how his bills will be paid, what the trust actually provides for him, etc. Having accurate information sure would make it easier to provide reassurance. The trustee is a licensed fiduciary. My nephew has a copy of the trust. My nephew tells me that I am listed as one of several alternate beneficiaries… so I looked up the CA probate code online, and found section 24c. Am I reading it correctly that as an alternate I am entitled to a copy?
 


thankyousomuch

Junior Member
You’re right. He could make a copy and send it to me, and has mentioned doing so, but he doesn’t finish things he sets out to do. He couldn’t even manage to get his family photos out of the house prior to the estate sale, and he was there a few times! So if it's OK for me to have a copy, the simplest way will be to just ask the fiduciary for one.
 

Kiawah

Senior Member
Not a lawyer, and don't know the trust laws in California.

But I do have a couple different types of trusts myself, and am also trustee on other trusts. I would NEVER consider giving a copy of a trust to someone who is an 'alternate beneficiary', who may or may not end up with something out of the trust. At this point in time, it is none of their (your) business. Certain trusts could be changed, and you may not end up being a beneficiary at all, or there may not be any assets left to distribute.

If the nephew wants to share a copy with you, that's up to him.
 
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Dandy Don

Senior Member
If you really want to help him, you can talk to a family law attorney about how you could represent your nephew as a payee or find another professional person, such as an accountant or lawyer or regular person who is fairly financially savvy, to serve as his payee for a nominal fee.
 

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