2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 77 - Trusts › Section 7780.3 - Duty to inform and report

§ 7780.3. Duty to inform and report.
(a) Duty to respond to requests.--
A trustee shall promptly respond to a reasonable request by the settlor of a trust or by a beneficiary of an irrevocable trust for information related to the trust's administration. A trustee shall promptly respond to the Department of Public Welfare's reasonable request for information related to the trust's administration when a settlor or beneficiary is a resident in a State-owned facility or an applicant for or recipient of cash or medical assistance from the Commonwealth and the department certifies in writing that it has obtained a currently valid consent for the disclosure of such information from the settlor or beneficiary of the trust. A trustee may rely upon the department's certification without investigating its accuracy.
(b) Notice after settlor of revocable trust has been adjudicated incapacitated.--
No later than 30 days after the date on which the trustee of a revocable trust learns that the settlor has been adjudicated incapacitated, the trustee shall send the notice described in subsection (i) to the settlor's guardian.
(c) Notice after settlor of revocable trust has died.--
No later than 30 days after the date on which the trustee of a revocable trust learns that the settlor has died, the trustee shall send the notice described in subsection (i) to:
(1) the settlor's personal representative;
(2) the settlor's spouse or, if the settlor's spouse is incapacitated, the spouse's guardian;
(3) each of the settlor's children who is sui juris and the guardian, if any, of each child who is not sui juris; and
(4) the trust's current beneficiaries.
(d) Notice after settlor of irrevocable trust has been adjudicated incapacitated.--
No later than 30 days after the date on which the trustee of an irrevocable trust learns that the settlor has been adjudicated incapacitated, the trustee shall send the notice described in subsection (i) to the trust's current beneficiaries. A revocable trust shall not be deemed irrevocable for the purposes of this subsection merely because the settlor has been adjudicated incapacitated.
(e) Notice after settlor of irrevocable trust has died.--
No later than 30 days after the date on which the trustee of an irrevocable trust learns that the settlor has died, the trustee shall send the notice described in subsection (i) to the trust's current beneficiaries unless the settlor had been adjudicated incapacitated and the trustee sent notices to the current beneficiaries as required by subsection (d).
(f) Notice to current beneficiaries.--
No later than 30 days after the date on which the trustee of an irrevocable trust learns that a person who did not previously receive the notice described in subsection (i) is a current beneficiary of the trust, the trustee shall send the notice described in subsection (i) to the current beneficiary if, at that time, the trustee knows that the settlor is then deceased or has been adjudicated incapacitated. With respect to a testamentary trust, the time specified in this subsection commences to run when the trust is first funded, whether or not the trust is completely funded on that date.
(g) Change in trusteeship.--
(1) Each time there is a change in trusteeship of any trust, the trustee shall notify the settlor in writing of the change.
(2) Each time there is a change in trusteeship of any trust whose settlor is deceased or of an irrevocable trust whose settlor has been adjudicated incapacitated, the trustee shall notify the current beneficiaries in writing of the change.
(3) Notice under this subsection shall include the trustee's name, address and telephone number.
(h) Trustee's notice to any beneficiary at any time.--
Apart from the requirements of this section, the trustee may send the notice described in subsection (i) to any beneficiary of the trust at any time.
(i) Contents of notice.--
Except as provided in subsection (g), any notice under this section shall be written and convey the following information:
(1) The fact of the trust's existence.
(2) The identity of the settlor.
(3) The trustee's name, address and telephone number.
(4) The recipient's right to receive upon request a copy of the trust instrument.
(5) Each current beneficiary's right to receive, at least annually, upon request, periodic written financial reports concerning the trust.
(j) Waiver.--
Any beneficiary may waive in writing the right to receive the notice described in subsection (i) and thereafter may rescind in writing that waiver.
(k) Notice to settlor's appointee.--
The settlor of a trust may in the trust instrument appoint one or more persons or a succession of persons to receive, on behalf of one or more named current beneficiaries of the trust, the notices required by this section. The trustee giving the notice required by this section to that appointee satisfies the trustee's duty to give to the named current beneficiary the notice required by this section if:
(1) the trustee notifies the appointee that the notice is being given to the appointee as representing the named current beneficiary; and
(2) the appointee does not decline to receive the notice in a writing delivered to the trustee no later than 30 days after receipt of the trustee's notice.
(k.1) Nomination by current beneficiary.--
In a writing given to the trustee, a current beneficiary of a trust may nominate another person to receive, on behalf of the current beneficiary, the notices required by this section. By giving the notices required by this section to the nominee of the current beneficiary, the trustee satisfies the trustee's duty to give to the current beneficiary the notices required by this section if:
(1) the trustee notifies the nominee that the notice is being given to the nominee as representative of the current beneficiary and that future notices required by this section will be given to the nominee in the same capacity; and
(2) the nominee does not decline to receive the notices on behalf of the current beneficiary in a writing given to the trustee no later than 60 days after receipt of the notice described in paragraph (1).
(k.2) Reliance on nomination.--
The trustee may rely upon the current beneficiary's nomination of another person to receive the notices required by this section on behalf of the current beneficiary and the nominee's presumed acceptance of that representation under subsection (k.1)(2) until the trustee receives a written rescission of the nomination from the current beneficiary or a written declination to receive further notices from the nominee. No such rescission or declination shall render ineffective any notice given by the trustee to the nominee before the trustee received the rescission or declination.
(l) Applicability.--
(1) If the death or adjudication of incapacity described in subsection (b), (c), (d) or (e) occurs on or after November 6, 2006, the time limit for notice set forth in that subsection shall apply.
(2) If the death or adjudication of incapacity described in subsection (b), (d) or (e) has occurred before November 6, 2006, the time limit for notice set forth in that subsection shall be November 6, 2008.
(3) The notice under subsection (f) shall not be required to be completed until two years after November 6, 2006.
(Oct. 27, 2010, P.L.837, No.85; July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
2016 Amendment.
Act 79 added subsecs. (k.1) and (k.2).
2010 Amendment.
Act 85 amended subsecs. (a), (f), (g), (i), (k) and (l), effective immediately as to subsec. (l)(2) and in 60 days as to subsecs. (a), (f), (g), (i), (k) and (l)(1) and (3). Section 10(a)(2) of Act 85 provided that the amendment of subsec. (l)(2) shall be retroactive to November 6, 2006.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
Cross References.
Section 7780.3 is referred to in sections 3162, 3384.1, 5603, 7705, 7754, 7755, 7785 of this title.