Legal Question in Wills and Trusts in California

Disclosure of trust when successor trustee survives

What is required by law when one person of a trust passes away before another. Does notice need to be sent to all beneficiaries and heirs that the trust is now controlled by the surviving spouse?

In the irrevocable portion of the trust the deceased left his half of some of the community property to the son and likewise half of some other community property items to a grandson. Otherwise everything was left to the surviving spouse.

If requested does the entire trust have to be revealed or just the portion that became irrevocable?


Asked on 5/24/05, 11:06 am

3 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: Disclosure of trust when successor trustee survives

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16064

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Answered on 5/25/05, 7:34 am
Michael Olden Law Offices of Michael A. Olden

Re: Disclosure of trust when successor trustee survives

you need a good estate planning/ lititgation attorney experienced in these matters immediatly as the basis of you question has meritt but there are many problems you must be aware of --- I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 5/24/05, 12:00 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Disclosure of trust when successor trustee survives

When any portion of a trust becomes irrevocable, notification should be sent to all heirs and named beneficiaries that they are entitled to receive a copy of the trust.

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Answered on 5/24/05, 1:47 pm


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