How to Get Notified if You're an Heir to a Trust

By Tom Streissguth

A trust is a legal and financial structure that holds assets, and pays beneficiaries, according to the instructions of a grantor. The grantor appoints a trustee to manage the trust. By the terms of a will, a trustee may be responsible for paying the grantor's heirs out of trust assets. A trust may also benefit a group, business or charity. State laws and guidelines determine how a trustee or grantor notifies the beneficiaries. If you believe you may be the beneficiary of a trust but have not received notice required by law, your best course may be to seek professional legal advice.

Creating a Trust

Trusts come in two basic types: revocable and irrevocable. The grantor of a revocable trust may change the trust terms or cancel the trust at any time. It is possible for a revocable trust grantor to also act as trustee, and the law also allows a revocable trust to become irrevocable on the death of the grantor. With an irrevocable trust, however, there are very limited options for changing the trust. The trust document sets out how the assets are to be managed, how investments should be handled, and under what conditions beneficiaries must be paid out of trust assets.

Notifying Beneficiaries

State laws govern how grantors may set up trusts and how trustees may manage them. Several states require a trustee to notify beneficiaries when the trust is created. Arizona, for example, requires notification of beneficiaries within 60 days after the trust is established, unless the trust sets different terms. A trustee must also provide a beneficiary a copy of any provisions in the trust relevant to that beneficiary, and an annual financial report if the trust is irrevocable. California and other states also require the trustee to provide a complete copy of the trust document to any beneficiary who requests it.

Protect your loved ones. Start My Estate Plan

Ongoing Notification

State law may also require continuing notifications and reports to beneficiaries while the trust is in existence. By Ohio law, a trustee must provide a report at least once a year of all property, debts, payments and receipts of the trust, as well as a report of all compensation the trust pays to the trustee. If the trustee dies or becomes incapacitated, a guardian, representative or successor trustee must provide the reports. Successor trustees are held to the same notification requirements as original trustees.

Notice Methods

If a trustee is required to provide notice to beneficiaries, he must use due diligence to confirm the beneficiaries' addresses and provide the notice in writing. Some state laws dictate how a trustee notifies a beneficiary, while others do not. Generally, a trustee will send legally required notifications by certified mail, "return receipt requested." This provides proof that a mailed item was delivered to a specific address, and signed for by the recipient.

Protect your loved ones. Start My Estate Plan
Trust Account Laws for the Beneficiary's Rights in California
 

References

Related articles

How to Dissolve an Irrevocable Trust

An irrevocable trust is an agreement that manages assets of the trustor, or creator of the trust, for the benefit of the trust's named beneficiaries. Unlike a revocable trust, an irrevocable trust doesn't contain a clause that allows the trustor to dissolve the trust at will. However, a trustor might be able to terminate an irrevocable trust by following state laws regarding dissolution. While laws vary by area, some general requirements must be met in most states.

How to Set Up a Living Trust Fund

A trust can be a solid, safe way to send your assets where you want them to go. The grantor -- the individual who creates the trust -- places cash, investments and property under the control of a trustee, who manages the assets for the benefit of another individual or an organization. A "spendthrift" trust, for example, grants money or other assets to a minor, with the grantor setting the terms of disbursement. A "living trust" means simply that the grantor is still alive.

Can a Trustee Be Removed for Not Giving a Accounting?

A trust involves the holding of property for the benefit of another. The relationship is legal in nature; the person appointed to oversee the trust, known as the trustee, has certain responsibilities to the beneficiaries, or those entitled to receive under the terms of the trust. Part of this duty is to provide regular accounting and keep the beneficiaries reasonably informed.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help. Wills & Trusts

Related articles

Types of Beneficiaries in Irrevocable Trusts

An irrevocable trust is an unalterable agreement made by a person, the trustor, regarding the assets he places in the ...

How to Dissolve Being a Trustee

Absent a court order, a person cannot be compelled to act as a trustee. Even if a person accepts the position of ...

How to Address a Beneficiary in a Letter

A trust is a legal document created for the benefit of one or more beneficiaries. If you are the acting trustee of a ...

Arizona Beneficiary Notification Law

Under Arizona law, beneficiaries, sometimes referred to as heirs, must be notified as to nearly every transaction ...

Browse by category
Ready to Begin? GET STARTED