Legal Question in Wills and Trusts in California

Things to take care of after a death

Is there a general list of things that need to be done after the death of one of the trustees of a family trust. If so, where can I get one?

Thanks,

E.B.--name removed--


Asked on 8/24/04, 3:50 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Things to take care of after a death

Instructions to successor trustees not included in the trust document consist of everything reasonable and necessary to take over managing the trust assests. Call me directly at (619) 222-3504.

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Answered on 8/25/04, 12:29 pm
Scott Linden Scott H. Linden, Esq.

Re: Things to take care of after a death

Generally, the terms of the trust should cover this.

Most trusts have provisions for successor trustees, usually, a second person and/or then a corporate entity like a bank.

I'd recommend first looking to the trust language itself for your answer. If the trust is silent, then you will have to file a petition with the court to name a successor trustee under Probate Code �15602.

Currently, an automatic bond is required when the court names a trustee not named in the trust instrument, however, as of 1/1/05 the Probate Code will be amended to allow the beneficiaries to waive this requirement.

Some basic information as well as links to the courts are available on our firm's site www.No-Probate.com.

If you require additional assistance, please feel free to contact me at 626-578-0708.

Scott

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Answered on 8/24/04, 5:33 pm


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