Legal Question in Wills and Trusts in California

What Living Trust papers does Successor Trustee file upon death of Grantor?
In 1999 my mother residing in the state of Oregon in her last will & testament revoked all former wills and codicils, & in this will was her residue pour over to the trust. She established a Revocable Living Trust the same year and named me Successor Trustee. In 2002 she made an amendment to the living trust. In 2006 now residing in the State of CA she made a 2nd amendment to the living trust. In 2006 she also had her original will dtated 1999 to the trust rewitten & made the following changes: 1)She named her predeceased children; 2) This time she did not name her step children of her predeceased spouse; 3) She appointed a different 3rd successor trustee to the living trust & conformed to the laws of the State of CA. Upon her death in 2008 she amended the living trust originally dated 1999. She modified the Original Living Trust & 2nd Amendment to Living Trust dated 2006. All other terms & conditions of the original Living Trust remain in effect without modification. This Amendment, including the original Living Trust and the 2nd Amendment dated 2006 are the entire Living Trust as of this date. Grantor signed Amendment of Living Trust & had it notorized in the year 2008.

Asked on 2/09/08, 8:24 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

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Re: What Living Trust papers does Successor Trustee file upon death of Grantor?

Nothing has to be filed, unless real property is concernend in which case you have to record a Certificate of Trust. Get some help from an attorney to collect and marshal you mom's assets and distribute them according to the terms of the trust agreement. YOu have to provide a copy of the trust and the amendments to each heir and beneficiary named in the trust.

Answered on 2/09/08, 9:54 pm

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