Are you a Trustee over a loved one’s trust?
If you have just answered this question with a “YES”, you need to be aware of one of the many legal requirements you must follow. Under probate code section 16061.7, when a trust or a portion of a trust becomes irrevocable, the Trustee has a legal obligation to send notice to all legal heirs of the decedent and beneficiaries of a trust within 60 days following the irrevocability of the trust.
The Probate Code has specific requirements as to the wording, font size, etc. for this notice.
Make sure you follow these requirements to ensure the ability of the trust to be contested is limited.
The notice informs the legal heirs and beneficiaries of their right to contest the trust and states that any action to contest it must be brought within 120 days from the date the notification was placed in the mail by the Trustee or within 60 days from the date on which you request and receive a copy of the terms of the trust, whichever is later. Our office typically recommends enclosing a copy of the trust with the notice to reduce the timeframe in which a contest can be filed.
The notice also provides the date of the Trustor’s death, who the acting Trustee is, the acting Trustee’s phone number, and the address for where the trust is being administered.
If you have questions about the trustee notification, please call our office at (714) 282-7588 and one of our experienced estate planning attorneys at the Law Office of James F. Roberts & Associates, APC, will be pleased to walk you through this process.