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Whats the dutys of trustie of a living trust

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jaa1332

Junior Member
What is the name of your state? CA. A very good freinds boyfriend passed and left her something in the trust when she asked for a copy of the trust all he gave her was a photo copy of the line that pertand to her. Does he have to give a copy? He also is selling her own personal things that she left there when she asked for them he told her that what was in the house is now part os the estate. Can she do anything about her things that were left there?
 


Dandy Don

Senior Member
As a beneficiary she has the right to request, by sending him a certified letter, a copy of the complete trust and an accounting statement for it. As for the other items, she has no business or authority to ask about those.
 

mkawahara

Junior Member
Trustee Duties

So, your friend's boyfriend died and left her something in his trust? The other "he" is the trustee of the boyfriend's estate, I guess? And your friend got a section of the trust from the boyfriend or the trust? The boyfriend didn't have to give her the trust document. The trustee, however, does.

CA law requires that the beneficiaries be notified within 6o days of the death of the grantor with a certain statement and must provide "...upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust." CA Probate Code 16061.7 (g) (5)

Your friend's property is hers unless something happened where she gave it away to the boyfriend or somehow gave up her rights to it. I don' t think that simply leaving it in the boyfriend's home is enough to make her property the estate's.

You should ask her to consult with an attorney who understands probate and trust law. Ask the attorney about the procedures of trust administration, trustee duties and to ask the attorney for a review of the trust document. Most attorneys will have a first consult with you for free but they will charge a little money to read the trust document. That document review is often money well spent.

If you talk to an attorney right away, then you will know what should happen in a trust administration and know your rights. And if you need to have the attorney take your case, that attorney will know exactly happened and can help you much better.
 
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