Legal Question in Wills and Trusts in California

I am a trustee of a revocable living trust. And, the settlor passed recently.

Under California Law, whom legally must a trustee notify? I have heard that only Beneficiaries must be notified? On the other hand, as trustee who is not a family member (I am her friend of over 20 years), do I have a legal obligation to notify anyone other than a beneficiary/s listed within the revocable (trust became irrevocable upon death) ? Am I legally obligated to notify any family members?

If so, how far down the family gene line do I have to notify ie... Aunts, Uncles, Cousins???


Asked on 8/23/14, 10:52 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

Heirs at law must be notified as well as beneficiaries (for instance, a disinherited child)

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Answered on 8/23/14, 11:34 pm
Charles Perry Law Offices of Charles R. Perry

The duties to notify people once a trust becomes irrevocable are in Probate Code Sections 16061.5 and 16061.7.

The obligations of a trustee are technical, and you should contact an attorney to assist you. The trust is obligated to pay the reasonable attorneys fees incurred by the trustee in helping administer the estate. As a result, you will not need to pay the fees from your own pocket. The attorney can provide the appropriate notice to everyone who needs to be notified, help you prepare an accounting, and otherwise fulfill your duties to the beneficiaries.

As the trustee, you are also entitled to a reasonable fee for your services. Counsel can help you determine those fees.

Do not delay in finding a competent attorney to assist you in this matter. There are a number of us on LawGuru, as well as those in your area. Be sure to pick someone with whom you feel comfortable, as opposed to someone who is just "convenient." Much of this work can be done by Internet, Email, and telephone.

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Answered on 8/24/14, 3:20 am


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