Legal Question in Wills and Trusts in California

Trust Not Executed

My grandfather passed away 3 years ago leaving a living trust and my dad became trustee of his estate. My wife and I have lived in my grandfathers house since his death, now my dad has died and according to the trust I am now the trustee. Nothing was filed with the county when my grandfather died so what do I do now? Do I need to file it? What happens if I don't.


Asked on 7/03/04, 7:36 pm

2 Answers from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: Trust Not Executed

You have to execute the trust according to the trust instructions. You do not need to file anything. If anyone of the beneficiaries question you, work it out diplomatically since the last thing you want is a lawsuit. They may ask you for an accounting which you will have to provide for them from the time you took over as trustee. You should get an attorney to walk you through the process which should be very easy and not cost you much in attorneys' fees.

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Answered on 7/05/04, 8:30 pm
Michael Olden Law Offices of Michael A. Olden

Re: Trust Not Executed

Do what your father should've done immediately. Seek the aid of an attorney who is expert in estate planning/probate. He will go through the documentation and tell you exactly what you should do. Give you alternatives and hopefully, there will be on been no tax tool paid or papers to be filed with the federal government for which you are now laid. More importantly, hope Lake you will not have to file a parent/child document applicable to the real property so that your property tax rate will not increase. There is a three-year statute of limitations based upon the death of good old Grandpa. Your father may have missed that which will increase your liabilities. Get yourself to the attorney yesterday.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 7/04/04, 7:49 pm


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