Under the California probate code, trustees may utilize a procedure to protect themselves prior to taking an action or withholding from taking an action during the course of a trust administration. The procedure is known as a Notice of Proposed Action or Inaction. The trustee sends notice to the interested parties of his or her intention, and allows a certain amount of time for them to consider and respond. If the time period passes without objection, the trustee can safely take the proposed action. An experienced Anaheim trust attorney can help you guide you through this process.
The following is an overview of steps to take when using a Notice of Proposed Action or Inaction:
- Engage an experienced Anaheim trust attorney who can oversee the process of sending out a Notice of Proposed Action.
- Fill in the Notice of Proposed Action form provided by the probate court that is overseeing your Anaheim trust.
- Complete all attachments to the form. For example, include a copy of a Residential Property Purchase Agreement if the proposed action involves the sale of real estate.
- Select a date by which the interested parties must respond.
- Deliver the Notice by mail or in person, allowing at least 15 days between receipt of the Notice and the date by which the recipient must respond.
- Enclose a Consent to Proposed Action with the Notice, and ask that the recipient sign and return it to you.
- In some cases, you may choose not to send the Notice to all interested parties. Obtain a Waiver of Notice of Proposed Action from these individuals.
- File the Notice, Waivers, and Consents with the appropriate probate court.
- After the date for responding has passed, take the proposed action.
Our office of experienced Anaheim trust attorneys can offer further guidance during the California trust administration process. Call us today at (714) 459-5481 for a consultation.