How do I determine if I’m entitled to any assets held in my late spouse’s trust, and what steps should I take if I don’t see my name explicitly listed as a beneficiary?
1. Detailed Answer
When your spouse funded a trust before passing away, assets titled in the trust do not go through probate. Instead, the trustee must follow the trust document’s terms. To determine whether you have any rights to trust assets, start by identifying whether you qualify as a beneficiary under the trust instrument or under North Carolina law. Even if your name is not listed, you may fall into a class of beneficiaries or you may have other rights under state law.
Review the Trust Instrument
The first step is to obtain a complete copy of the trust and any amendments. Under North Carolina law, a trustee must provide a copy of the trust instrument and notify qualified beneficiaries of their status. See N.C. Gen. Stat. Chapter 36C, Article 8 (ncleg.gov/Chapter 36C).
Understand Beneficiary Definitions
North Carolina defines a “beneficiary” broadly. If the trust names a class such as “children,” “issue,” or “descendants,” you could be included even without an explicit reference. You may also qualify as a discretionary beneficiary if the trustee has the power to distribute assets to you at its discretion.
Trustee’s Duty to Inform
Once a trustee accepts the role, they must keep you reasonably informed about the trust and its assets. If you have not received notice or a copy of the document, you can demand it in writing. If the trustee fails to respond, you may petition the superior court to compel disclosure and confirm your status as a beneficiary. See N.C. Gen. Stat. § 36C-8-1201 (ncleg.gov/§ 36C-8-1201).
Possible Spousal Rights
Even if the trust does not name you, North Carolina law may recognize certain marital rights. While an elective share applies to probate estates under N.C. Gen. Stat. § 30-3, you should discuss with an attorney whether similar principles can apply or whether other remedies may protect your inheritance rights.
2. Key Action Steps
- Request a full copy of the trust and any amendments from the trustee in writing.
- Review the trust language with a qualified attorney to see if you fit a beneficiary class or discretionary category.
- If the trustee fails to comply, file a petition in superior court under N.C. Gen. Stat. § 36C-8-1201 to compel disclosure and enforce your rights.
- Explore whether a spousal elective share or other statutory remedies apply to your situation.
- Act promptly—deadlines for challenging trust administration or asserting rights can be short.
Contact Pierce Law Group for Help
Determining trust rights can feel overwhelming. At Pierce Law Group, our attorneys guide spouses through North Carolina’s trust laws and ensure you understand your options. To discuss your situation, email us at intake@piercelaw.com or call (919) 341-7055.
