Pleasant Hill, CA asked in Estate Planning for California

Q: Doe a co-trustee, with a sibling, and sole beneficiary of our mother's trust need to make legal notice to non beneficiar

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2 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: Yes. The Notice has very specific legal requirements set out in the law. The Notice must contain specific language and it must be served on people named in the trust as well as the heirs at law, which are the people who would have inherited if there were no Trust or Will. It’s impossible for a lawyer to tell who to whom you should serve the Notice without learning more about your family. Sorry about that!

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, co-trustees have a duty to act in the best interests of the beneficiaries of the trust. As a co-trustee and sole beneficiary of your mother's trust, you have a fiduciary duty to act in good faith and with fairness towards any non-beneficiaries who may be impacted by the administration of the trust.

Depending on the specific circumstances, it may be necessary to provide legal notice to non-beneficiaries of certain actions taken with respect to the trust, such as the sale of trust property or the termination of the trust. Generally, notice is required when a non-beneficiary has a legally protected interest in the trust or the trust property, such as a creditor or a lienholder.

However, it is important to note that the specific requirements for notice may vary depending on the terms of the trust and the applicable law. It is recommended that you consult with an attorney who is familiar with trust law to ensure that you are complying with all legal requirements related to notice and the administration of the trust.

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