Trustee requirement under Probate Code 16061.7

Are you a Trustee over a loved one's trust?  

 

If you have just answered this question as "YES."  You must know about one of 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 that you follow the exact requirements to ensure that you start the clock running to limit the ability for the Trust to be contested. 

 

The notice informs the legal heirs and beneficaries of the trust of their right to contest the Trust and it states that any action to contest the Trust must be brought within 120 days from the date the notification was placed in the mail by the Trustee or 60 days from the date in which you request and receive a copy of the terms of the trust, whichever is later.  Our office typically recommends that a copy of the Trust is enclosed with the notice to shirnk the timeframe in which a contest can be filed.  

 

The notice further provides the date of the Trustor's (creator of the trust) death, who the now acting Trustee is, the acting Trustee's phone number, and the address for where the Trust is being  adminstered.

 

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.    

 

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