Legal Question in Wills and Trusts in California

Re: State recognizing trustee of aunt's trust

In order to completely and correctly respond to your questions, a copy of the trust instrument must be reviewed. Additional information regarding the trustee, beneficiaries and trust assets are also needed. Rather than reject your questions, however, I am providing general answers which may be of some assistance.

Normally a trustee of an intervivos trust does not need to be "recognized" by the state. A trustee may petition the Superior court "concerning the internal affairs of the trust or to determine the

existence of the trust", but this is not required.

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=17001-18000&file=17200-17211

There is no precise definition of "collectibles" in the California statutes. While the definition could be broader or narrower than these terms, it often includes (unless excluded by specific distribution to a specific beneficiary) such items as: jewelry, art, art objects, stamps, coins, precious metals, sports cards and memorabilia.

If there is a dispute which cannot be resolved among the trustee and the beneficiaries, the trustee or any beneficiary could petition the Superior Court. Clearly it would have been preferable for your aunt to describe in detail which "collectibles" were to go to you.

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=17001-18000&file=17200-17211

Whether or not you are to receive any part of the trust assets (other than collectibles) depends upon the language of the trust. The trustee is required to provide you with 1)notice, 2) a copy of the trust instrument, and 3) an accounting.

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16064

If your aunt's home was to be distributed to the trustee (as a beneficiary) according to the trust, the trustee will have the right to occupy the home. You or your representative should be permitted access for purposes of viewing the contents. However, if the trustee does not comply or delays unreasonably, your recourse is to file a petition in Superior Court to put the trust under court jurisdiction. You could also petition for removal of the trustee and appointment of a trustee by the court.

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=17001-18000&file=17200-17211

I would be pleased to have you retain me with regard to this matter, but I cannot determine in which county the home and the trustee are located in California.