Legal Question in Wills and Trusts in California
Is a 'Notice of Death with 120 day waiting period' letter to all beneficiaries of a trust necessary in California when the trust says, in so many words, that if you help anyone or if you mess with any provisions, you are 'dead' to me and you survivors will benefit as dictated?
1 Answer from Attorneys
The trustee of the trust must still comply with the law. A trust provision that is contrary to the law is void. A trust is a type of contract and all contacts must be within the limitations of the law and public decency. You can not have a contrary that enslaves someone, binds then to give up a body part to another,agrees to do bodily harm to another, suicide pacts, etc. moreover, if you are acting as trustee of the Trust, you are operating in that capacity and not as an individual so your individual share of the process should not effected.
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