Ask 2 Lawyers: Should Someone Notify Me When the Trust Changes?

Shouldn't someone notify me when the tress changes so typically when somebody creates a trust and it's revocable during their lifetime that means that they can amend it they can change it and do you think and what would you tell somebody if they say do I have to notify my children who are the ultimate beneficiaries of this trust if I make a change to it as long as it remains revocable that no you do not have to notify any beneficiaries because it's a revocable trust you can change the revocable trust at any time and as long as you can do that then you don't owe the beneficiaries any duties now the minute your mom and dad passed away and the trust becomes irrevocable now beneficiaries have to be notified and I think it's confusing so I think a lot of children think well you know this is my parents and they changed it shouldn't I be notified of this because it's my parents estate and ultimately it's gonna be my property and I think it's a little shocking to learn that no no there's no obligation to notify you now that doesn't mean it's not a good idea sometimes to notify kids and some estate planners will do that but most estate planners won't in my experience and this comes back to our our concept of the way we view trust we view them as bested and non vested right and a non vested beneficiary somebody that has not invested in the right to inherit anything whereas a vested beneficiary is someone where there's an irrevocable event has taken place and they have a right to get a distribution well now they're vested so now they're entitled to information accountings distributions kind of things but as long as the trust remains revocable and mom and dad are alive or the surviving spouse has a right to revoke a portion of the trust that forces the trust there's no notice requirements to the beneficiaries to make any changes Albertson and Davidson is here to help you fight for your inheritance check out al devlog com for our complete library of helpful legal videos and articles from your favorite California trust and we'll litigation law firm Albertson and Davidson LLP.