Legal Question in Wills and Trusts in California

Dependents rights

My father passed away 6/1/02. Before his death he told my brother & I that we were to split his persoanl estate 50/50, his joint estate 25/75 (after the passing of my step mother) and my bother would receive 100% of my step mothers personal estate. In addition we were to spilt his life insurance 3 ways. I believe it is all set up in a trust and my step mother is the executor. There has been no reading of the will, no distribution of anything (that I know of). I am extremely uncomfortable bringing it up. My question is this. What is the normal procedure? How long does it usually take? Should I be looking out for myself and asking about it? Please advise me.


Asked on 7/25/02, 11:34 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Dependents rights

The trustee of the trust is required to send a notice to all beneficiaries and heirs-at-law after a trustmaker's death, with the opportunity to request a copy of the trust, and is also required to provide certain information about trust assets and accounting as it relates to the beneficiaries.

Many trustees, however, are slow to do this, especially if they are working without attorneys. I usually have success in moving things along by sending a letter to the trustee (or person in possession of the trust) requesting this information under California Probate Code sections 16061 and 16061.7.

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Answered on 7/25/02, 8:24 pm


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