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Notification to Beneficiaries


When the settlor of a revocable inter- vivos trust dies, the trust becomes irrevocable and begins to operate.  The trustee must notify the beneficiaries so that their interests in the trust can be protected.  The trustee notifies the beneficiaries of the irrevocable portions of the trust and each heir of the deceased settlor.  The trustee’s attorney can help the trustee determine which beneficiaries should receive notice. 

Generally, notice must be served upon a trust beneficiary within sixty (60) days of the reason notice is required; notice is most often required because the trust settlor has passed away.


 

The notice may need to include a copy of the trust or portions of it, and an attorney can help the trustee distribute copies.  The notice must include certain information telling the beneficiary whose trust is being administered and allowing the beneficiary to contact the trustees.  The notice also includes a warning to the beneficiaries which sets out the time limit for challenging the trust.
 

If the trustee fails to inform a beneficiary, the trustee may become liable for any damages to the beneficiary’s interest resulting from the trustee’s failure to notify the beneficiary. 
 

The trustee may also find it helpful to establish a method to keep trust beneficiaries up to date about the trust administration process.

This may avoid beneficiaries becoming bothersome by calling the trustee for trust updates too frequently.   It may also help avoid beneficiary complaints in the future.