Lakewood, CA asked in Probate for California

Q: received notification by trustee under probate code 16061.7 and it requests my signature to receive a copy of trust

should I sign this?

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2 Lawyer Answers
John B. Palley
John B. Palley
Answered
  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: As long as you are only signing you want a copy of the trust you should be fine signing it. If you aren't sure just send a separate note or email to the attorney that you would like a copy of the trust. They should provide it to you. Remember there is a timeline in the notice if you want to contest the trust so be sure to find an attorney to help you interpret the trust and determine what actions to take if any. Good luck. -John

David L. Crockett
David L. Crockett
PREMIUM
Answered
  • Probate Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Yes, you should sign it to receive a copy of the trust since you might be mentioned in it. The law requires that all trust beneficiaries and all heirs (even if the heirs aren't mentioned in the trust) be notified of the change in trustees resulting from the death and the that notice give the recipient's the right to obtain a copy of the trust if they ask for it. Hence, the signature requirement to confirm that you are asking.

Also the date of when you receive the trust is crucial because you only have 120 days from the date of the notification letter or 60 days from the receipt of the trust documents, whichever is later, to contest the trust. Contesting the trust means filing a court petition (lawsuit) contesting the trust. You should consult an attorney to discuss the situation if you think there is anything wrong with the trust. You have to have legal grounds to contest and there are risks involved with contesting such as losing your right to inherit anything if the trust and/or related will have a valid "no contest" clause.

David L. Crockett, attorney/CPA/Broker/Martindale Hubble AV preeminent rating.

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