Deciding who to designate as the successor trustee to your trust is a decision that should not be taken lightly. You will want to make sure that you appoint someone who will be organized and trustworthy. It is also preferable for the successor trustee to live nearby. After you pass away, many duties will arise for the person you have designated as the trustee of your estate.
One of the duties of the trustee is to provide notice of your passing to each of the named beneficiaries and the heirs of the deceased within 60 days. This duty also triggers if the trust becomes irrevocable (possibly due to incapacity of the trust creator). California Probate Code § 16061.7 provides that the notice must contain the following information:
The identity of the creator of the trust and the date the trust was signed The name, address, and phone number of each trustee to the trust The address of the physical location where the trust will be administered Any additional information required by the terms of the trust A notification that a true and complete copy of the trust is available upon reasonable request A notice regarding the 120-day period to contest the trust: “You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.”
As you can see, a copy of the trust is not specifically required to accompany this notice. However, we find that it is good practice to send a copy in order to avoid any chance of extending the 120-day period to contest the trust.
At Max Alavi, Attorney at Law, APC we assist clients in trust and estate administration. The task of being a trustee can sometimes seem daunting, and we are here to help you along the way. If you find yourself in need of assistance, please feel free to give us a call at 949-706-1919.
The purpose of this article is to provide a general overview of the probate process and is not specific legal advice. By viewing this blog, you understand that no attorney client relationship is being formed. If you are dealing with a potential probate matter, it is highly recommended that you contact an attorney.