Legal Question in Wills and Trusts in California
wills and heirs
I had a loan outstanding with a close friend when she died at age 95. Her son and trustee of her trust, has asked me to continue making loan payments to him. I suspect this loan was to be forgiven at her death. I asked him for verification that his mother wanted me to continue paying him after her death. He responded with a letter from him authorizing me to continue to pay him with the authority as the Trustee. Does the trustee owe me some verifiable proof that he is the heir of this loan, after all she did have a will.
1 Answer from Attorneys
Re: wills and heirs
If the trustee has provided proof that (a) he is the successor trustee, and (b) that the loan was trust property, then you should continue to make payments to the trustee.
California law says that an original will should be filed with the local superior court within 30 days of death. You can ask to see a copy of the court's file which should have the will.
Having said that, you should realize that it's very common for people to fail to lodge the will as required by law.
The successor trustee is not required to deposit the trust with the court; however, if you are listed as a beneficiary, the successor trustee must give you notice and an opportunity to request a copy of the trust.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
