Q: Do you have to prove to beneficiary that you were appointed Successor Trustee of a CA Living Trust? If so, how?

A: In California, the law requires that Successor Trustees (or, as I refer to them, "backup trustees") give formal notice to all of the trust's beneficiaries and the legal heirs of the person who passed away. This notice must have very specific language that is set out in the law or it will likely be considered defective. The notice also informs the recipients that they have a right to receive a copy of the trust. So, if a beneficiary wants the name of the Successor Trustee, the beneficiary can simply request a copy of the trust and find out!

A: In California, upon accepting the role as Successor Trustee of a Living Trust, you have an obligation to notify beneficiaries and heirs of the decedent about the trust's existence, your appointment as Successor Trustee, and their right to a copy of the trust terms. This notice, often referred to as the "120-day notice," must be provided within 60 days of the decedent's death. Beneficiaries or heirs then have 120 days from the date of notice to challenge the trust's validity. If a beneficiary requests it, you must provide them with a complete copy of the trust. It's essential to follow these notice requirements diligently, as failing to do so can lead to legal consequences and potential disputes. Always keep records of when and how you provided such notices to protect yourself against any future claims of non-compliance.