California Trust Beneficiary Notice Requirements: Trustee Duty & CA 16061.7

Trustees have many legal duties they must follow when administering a trust - from a duty to account, a duty of loyalty to the beneficiaries, duty to communicate, and more. Often, the duty to provide notice is the first to arise, but the first to be missed or ignored. Trustees have to provide notice at certain times, have a time limit to do so, and the notice must include specific language according to the CA probate code.
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Disclaimer
Viewing this video does not create the expectation of an Attorney-client relationship. The information from this video is for general information purposes only. Nothing should be taken as legal advice for any individual case or situation.

[@reaperaramius2375]

Trustee waited 10 years to send notice that i was a beneficiary.... im retaining an attorney now. Cant wait to see what ridiculous accounting is presented.

[@MaLiArtworks186]

Our step sister and half cousin told my two full sisters and me 150 days after our step mother passed away. Her home phone and cell number was changed so we could not reach her for over a year. The Trust became irrevocable when she passed. My lawyer has asked them for the copy of the Trust which they have not given. Can they be removed as Trustees since they have violated the Trust by never telling us that she died until 5 months later?

[@thekeldelify]

I would like to understand more about once settler dies, and trust becomes irrevocable, 2 brothers were named Co trustee's, and requires both signatures on documents. 2 houses were in trust. One was assigned to each brother. The remainder of assets is to be shared equally. Brother refuses to due fudiciary duties. Have attempted several letters and conversations without any success. He is withholding all necessary documents to move trust forward and wants half of other brothers home. What is needed to protect from this person.

[@bethellaw]

Hello! Thank you for your question. Firstly, the trust itself needs to be reviewed as, if it is a good trust, then it is going to have language that will address what should happen if the co-trustees disagree and the procedure for removal of a trustee if one either refuses to act or in some way thwarts the administration of the trust. If the trust doesn't speak on either of these cases, then a probate court has jurisdiction to settle disputes and/or either appoint a new trustee or remove an existing trustee. Next, if the trust says a certain asset is to be specifically gifted to a specific person, that asset is in trust at the time of distribution and the specific beneficiary did not predecease the settlor, then that asset must be transferred/distributed to that specific beneficiary. If, however, the trust only said equal between 2 brothers and didn't make any directions as to whether anyone's share was to be made up of specific assets or that someone was to also receive an asset in particular, then the co-trustee/beneficiaries will need to come to an agreement as to the value of the assets (real estate appraisals for example) and distribute assets from there. If they are unable to come to an agreement, then a probate court can also exercise jurisdiction to resolve disputes. Of course, getting a probate court involved in any capacity is going to inflate costs and expenses so it is best to avoid this if possible.

[@nidasalvador9705]

T hanks for mention like that

[@taraarrington2285]

I never got any notice. My family didn't tell me anything. I wonder if this is what my identity theft is about 🤔

[@frankdelcastillo9432]

I was named successor trustee to my uncle's revocable trust account. However, I was not notified by him and he gave the successor trustee to his caregiver! She lived with him. Do I have any recourse?

[@lukeduke51]

I’m in Florida , trusty is in Utah, estate is in California , where do I get an attorney to help me get my inheritance and legal advise..? Thank you

[@bethellaw]

Hello Buck, Of course, the best answer will depend on the particular circumstances. However, generally it will be best to speak with a California attorney regarding representing your interest as they are going to be most familiar with California trust law (the governing law of the trust in your case) and that is likely to be the state with the proper venue for a court case. Venue being where the law suit will occur. There could be circumstances where suing the trustee in Utah may be appropriate, such as for action specifically taking place in Utah (withholding personal property for example) but your first action should be to consult with a California-based attorney with trust litigation experience.

[@TheK9Shepherd]

Is there a mandated timeline when you have to dissolve a trust? My wife’s mother has a revocable living trust. My wife is the only living dependent listed as the executor, beneficiary, successor, etc.. she is a sole beneficiary. All of my mother-in-law‘s (her mother) assets are in the trust. Most importantly, the house. When her mother dies. Is there some sort of rule or law that says in 12 months or 24 months we have to sell the house and dissolve the trust? Because our plans are to live in the house when she’s passed away and not sell immediately. To sort of benefit from the low property taxes not having the homeowners insurance canceled because of fire zones, etc.. So I understand when someone passes away the trust now becomes irrevocable. So that’s not a problem, but the question is could we essentially still allow the house to be in the trust for 10, 15 or 20 years? Hope that makes sense. Thanks.

[@emc6511]

Interesting the destinction, heir and beneficiary. Question how "deep" does the heir pool go in California? Your example, son and daughter. What about first cousins or nephews & neices? Should both the will and trust state a person is disinherited to be complete? Thanks!