Los Angeles, CA asked in Probate for California

Q: YouI want to know how to proceed with if there is an option regarding a living trust

Located in California. My mother passed May 17 2018, I received a copy of her amended trust from a third party other than the successor trustee in June 11, 2018. Only one heir was named as beneficiary to real and personal property, otgers including myself was given $1000, which has not been distributed.The successor trustee was not present and has not contacted me. The document is notarized, has no witness.I would like to determine if this is legal and verify my mithers signature. Can I contest or take other actions?

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1 Lawyer Answer
Sally Bergman
Sally Bergman
  • Estate Planning Lawyer
  • San Mateo, CA
  • Licensed in California

A: If the trust document was notarized, no witness signatures are required in California. Also, when you received a copy of the trust last year, you should have received a notice under Probate Code 16061.7 that should have warned you that if you wanted to contest the trust, that you had to do so within a certain number of days, the longest of which would be 120 days. That deadline has long passed.

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