Legal Question in Wills and Trusts in California
I am the successor trustee to my mother's revocable living trust (San Diego, CA). I live out-of-state. Is it possible to administer her trust by fax or postal overnight Express Mail, etc., rather than in person in California? Thank you.
4 Answers from Attorneys
For the most part, yes, especially if you hire a local lawyer. You should be prepared to make at least one or two trips to deal with her personal belongings and prepare real estate, if any, for sale.
It really depends on what you want to do. Simple things, like payment of bills incurred by the trust, or payment of taxes on trust property can be handled by mail. If the trust gets into litigation, you will need an attorney, unless you are admitted to practice law in California.
If you are now required to step in, you may wish to have counsel on how to proceed. This office represents many trustees who find our help indispensable. Contact me directly.
Yes and no. As trustee, it is your job to collect and manage the trust�s assets, appraise trust property, pay all taxes and expenses relating to the administration of the Trust, and distribute the trust property. Virtually all of this can be handled by mail or phone. However, because this is a California trust, you must follow California law. Most importantly, a legal proceeding in California would be required if the gross probate estate exceeds $100,000. Your best bet would be to talk to a lawyer in California before moving forward.