Legal Question in Wills and Trusts in California

She should meet with an attorney. It doesn't have to be the attorney who prepared the trust. And she does need to act. There are legal notices that need to be sent out for the Trust and tax returns will need to be filed. You are correct to conclude that the longer she does nothing the more it will cost to get everything done properly. I would be happy to assist. My number is 925.297.4492.

The previous answer is right in that she can see a different attorney if she's more comfortable with someone else, but she does need to do something, as she can be liable for her inaction as trustee. It should also be reassuring that the attorney should handle most of the work, so she doesn't need to feel like she'll be hit with a huge burden once she starts the process.

I certainly hope the death has been reported to SSA. Any payments made after the death will have to be returned. (Usually the SSA is notified by the funeral home.) The IRS must also be notified, but an attorney will not do this without the client's permission.

You may reassure your sister in law that trust accounts will not be frozen as a result of the Trustor's death. Assets not held in the living trust are not "frozen" but depending on their value, some court procedure might be required before they can be accessed by the Executor. (If she is accessing non-trust accounts through electronic banking, this is illegal.)

Is your husband, or another sibling, named as second successor trustee/executor? If your sister in law in fact refuses to carry out the duties of the Trustee, the successor may be able to take over, preferably with her consent. If she will not consent, a petition to have her removed can be filed in the probate court.

You've asked an important question, and while the other attorneys have provided some advice, they have not answered it.

You've asked "how do I convince her?"

The best answer that I can tell you is that problems can get worse if there is delay. I have a friend whose lawyers did not report the final taxes on time for a trust after the death of the trustor, and the trust got hit with severe IRS penalties. Delays in handling the estate also caused problems with the real estate. You should give her some examples to tell her that sitting around doing nothing can be worse than taking proper action now.