Legal Question in Wills and Trusts in California
Adequacy of Notification per CA 16061.7
My father left a living trust (state=CA). After 60 days passed, I had to contact
the successor trustee (S.T.) for 16061.7 notification. S.T. did not send me
notification in 60 days. After my inquiry, S.T's counsel sent me a trust
document that omitted a list of beneficiaries & assets. S.T.'s counsel claims
that 16061.7 does not give me the right to see the list of beneficiaries and
property and that his notification fulfills 16061.7.
Is his notification adequate? If not, then would the 60 days to contest after
receiving documents apply?
S.T. counsel will also ask the court to allow an amendment to the trust. I am
told that this amendment was created before the grantor's death. If that is
the case, I am perplexed as the the need to petition the court. Are there
certain circumstances or types of amendments that would require court
approval?
Unfortunately, that's all the information I can provide at this time but I could
add details in a more private setting.
Thank you for your time and information.
1 Answer from Attorneys
Re: Adequacy of Notification per CA 16061.7
Something doesn't smell right, but you won't know until you get a copy of the trust. The notice the attorney provided should have an address where you can write to request a copy of the trust, so do so in writing and save proof of mailing. The time to contest the trust is 60 days from the time it's sent to you, or 120 days from the date the 16061.7 notice is sent to you, whichever is later. You do have a right to see the trust and the beneficiaries, but you do have to request it in writing.
As for the court petition, you should receive notice of it, but get a copy of the trust as soon as you can.
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