What rights do North Carolina trust beneficiaries have to copies of a revocable living trust and enforcement options if refused?
Detailed Answer
Under North Carolina law, beneficiaries of a revocable living trust have a clear right to request and receive copies of the trust instrument. The North Carolina Trust Code establishes specific duties for trustees and provides beneficiaries with enforcement tools when trustees fail to comply.
Trustee’s Duty to Provide a Copy
North Carolina General Statutes § 36C-8-813(b)(3) requires a trustee to deliver a copy of the trust instrument to any qualified beneficiary who requests it in writing. A revocable living trust remains revocable during the settlor’s lifetime but trustees must still comply with disclosure obligations when asked. A qualified beneficiary typically includes anyone who will receive a distribution if the trust becomes irrevocable in the future or receives one now.
How to Request the Trust Instrument
1. Send a written, dated request to the trustee or trust administration office.
2. Specify that you are a beneficiary under the revocable living trust and cite your right under N.C. Gen. Stat. § 36C-8-813(b)(3).
3. Keep a copy of your request for your records.
When a Trustee Refuses
If the trustee neglects or refuses to provide the trust instrument within a reasonable time (generally 30 days), beneficiaries may pursue enforcement under North Carolina law.
Enforcement Options
Under N.C. Gen. Stat. § 36C-8-917, a beneficiary can petition the probate division of the district court to:
- Compel the trustee to deliver the trust instrument.
- Remove or surcharge the trustee for failing to perform duties.
- Obtain other appropriate relief, such as court-ordered accounting or appointment of a successor trustee.
A court may award attorneys’ fees and costs to a prevailing beneficiary. Filing a petition typically starts in the county where the trust is administered or where the settlor lived at death.
Key Points for Trust Beneficiaries
- Qualified beneficiaries include current and remainder beneficiaries under the trust.
- Trustees must provide a copy of the trust instrument on written request (§ 36C-8-813).
- Give the trustee a clear, dated written request and retain a copy of it.
- If the trustee refuses, file a petition in the probate division for enforcement (§ 36C-8-917).
- Court remedies include compelling delivery, removing the trustee, surcharging for losses, and awarding fees.
Understanding your rights as a trust beneficiary helps protect your interests and ensures trustees meet their legal obligations under North Carolina law. If you need assistance enforcing your rights or requesting trust documents, reach out for guidance.
Ready to protect your interests? Pierce Law Group has experienced attorneys who guide trustees and beneficiaries through every step of trust administration. Contact us today by calling (919) 341-7055 or emailing intake@piercelaw.com.
