Legal Question in Wills and Trusts in California
Notification if you are in a trust
Please tell me if the laws regarding the notification of an heir is the same if you are mentioned in a trust vs. a will. It has been a year since the passing of my father-in-law. The step-mother refuses to show us a copy of the will or trust, saying at one time that my husband is not mentioned and another time saying all he got was the stock. It is an AB trust. I have read the probate laws re. notification of heirs but need to clear up if the same applies to a trust since there is no probate involved. Thank you!
1 Answer from Attorneys
Re: Notification if you are in a trust
There are a different set of notification rules for trusts, but they are in the Probate Code as well. Notice must be sent to the beneficiaries and intestate heirs within 30 days of the death, and the notice must provide a form for the person receiving it to mail back if they'd like a copy of the trust.
It sounds like the trust you mention may require such notice.
It may help to have an attorney send a "friendly" call or letter to the step-mother (or successor trustee, if it's a different person) inquiring about the notice.
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