Legal Question in Wills and Trusts in California

I am a trustee on two trusts, one irrevocable and one revocable. I have completed an accounting for the beneficiaries. My attorney wants to attach a cover letter that at the bottom he states: "I am also required to notify you that you are entitled under Probate Code 17200 to petition the court to obtain a court review of the account and of the acts of the trustee. Claims against the trustee for breach of trust may not be made after the expiration of 3 years from the date you receive an account or report disclosing facts giving rise to the claim See Probate Code 16063."

There is a hostile beneficiary in the family and I feel like my attorney is planting the seed for them to sue us. Does he have to put this in the cover letter???

Thanks you so much

Jean


Asked on 1/28/12, 9:18 am

4 Answers from Attorneys
Kurt Seidler Law Offices of Kurt A. Seidler APC

this for your protection- listen to your attorney.

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Answered on 1/28/12, 1:58 pm
George Shers Law Offices of Georges H. Shers

Your attorney would not likely suggest it if they did not think it was required by law or otherwise eventually protects you. If someone is unhappy with your performance, they will complain whether or not this warning appears on the document.

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Answered on 1/28/12, 9:04 pm
Michele Cusack Pollak & Cusack

That wording is required by the statute. Probate Code 16063. You can look it up on line.

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Answered on 1/30/12, 8:56 am


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