Legal Question in Wills and Trusts in California

Probate Code 16061.7

Person S, fathers sister, sent us a

letter quoting Probate Code

16061.7. They stated that we did

not notify all the beneficiaries of the

Trust. Person F, my father, has a

restraining order against Person S.

Weeks after our grandmothers

death, my father had arranged a

civil standby so Person S can pick

up anything she wanted. Person F

had stated that she had only one

chance to come and claim anything

she wanted and get it the same

day. We did not care what she

took, jewelry, the TV's, the china

and etc. Person S had shown up

late on the scheduled day and then

requested another day so she could

et a trailer. Person S had failed to

show up on the rescheduled day

and did not even arrange for

another scheduled time. Person R,

family relation, had agreed to pick

up the stuff for Person S as Person

F had given up on person S. Weeks

ater we receive the letter stating

that we had not given them the

existence of the trust. Person S

knew about the trust and never

requested it until one day before

the 60 days are over. Person S

was only entitled to 5,000 and had

received more than that. Now they

are trying to get more (the house).

What are we do?


Asked on 7/12/09, 3:45 am

1 Answer from Attorneys
Dan Lively The Lively Law Group, PC

Re: Probate Code 16061.7

The Probate code in CA requires that you notify all beneficiaries, and either offer or send them a complete copy of the trust. Have you issued 120 letters to all of the beneficiaries? Have the beneficiaries demanded a copy of the trust? Have you now provied them a copy of the trust? Administration of a trust can be complex, and you may have personal liability if you do not act properly. I suggest that you retain an attorney familar with this area of the law if you cannot handle this yourself.

This is not legal advice and I am not your attorney unless and until I am retained as such.

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Answered on 7/12/09, 12:03 pm


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