Beneficiary Rights
Many persons do not understand their rights when it comes to inheritance and there are many rumors and urban legends which keep beneficiaries from exercising their rights.
If you are in California, and you are a beneficiary or related to the decedent to the 2nd degree you have a right to have a copy of the entirety of the decedent’s trust and will. Failure to provide said copies by the executor/trustee is a breach of their fiduciary duties.
Unfortunately, beneficiaries and executors alike often get confused with the no-contest and disinheritance laws when beneficiaries try to exercise their rights to obtain information.
If this is becoming a problem for you, give us a call.
Frequently Asked Beneficiary Rights Questions
What rights do I have as a beneficiary in California to see trust documents?
As a California beneficiary or relative within the 2nd degree of the deceased, you have the legal right to receive complete copies of both the trust and will documents. Specifically, California Probate Code Section 16061.7 requires the executor or trustee to provide these documents upon request—failing to do so violates their fiduciary duties.
How does requesting trust information affect my inheritance under no-contest clauses?
Requesting trust information or copies of documents is your legal right and does not trigger no-contest or disinheritance clauses. Many executors and beneficiaries mistakenly believe that asking for information violates these clauses, but exercising your legal right to information is protected.
What qualifies as being “related to the 2nd degree” for trust document access?
Second-degree relatives include grandparents, grandchildren, and siblings of the deceased. This level of relation gives you the same rights as direct beneficiaries to receive complete copies of trust and will documents in California.
Can I get legal help if a trustee refuses to share trust documents?
Yes, you can get legal assistance if a trustee withholds trust documents. This represents a breach of fiduciary duty, and an experienced trust attorney can help enforce your rights through proper legal channels. Free consultations are available to discuss your specific situation.
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