Q: I am a trustee of my late mother's Living Trust in California. We transferred all of her property successfully, but...
now we expect home insurance claim checks that can only be addressed to her name. I am confident that I can petition the court for Letters or Testamentary on my own. But I want to be sure that the court will only consider this property that needs their appointment, specifically the insurance claim checks. Is this correct? Also, after I receive the Letter, wouldn't it be simple for me to show the court that all of the entitled beneficiaries received their portion of the money?
In California, as a trustee of a living trust, dealing with assets like insurance claim checks made out to the deceased can be managed through the probate court.
When you petition for Letters of Administration (not Testamentary, as those apply to wills), the court's focus will primarily be on the asset in question – in your case, the insurance claim checks. It's crucial to clearly specify in your petition that the reason for this request is to handle these specific assets. Once the court grants the Letters of Administration, you, as the trustee, can endorse and distribute the insurance proceeds according to the trust's terms.
Afterward, providing the court with proof that the beneficiaries have received their respective shares is a straightforward process. It usually involves submitting a report or accounting that details the distribution of the trust assets. This step is essential to demonstrate that the trust's assets have been properly managed and distributed. Remember, each case has its nuances, so it's wise to seek legal guidance tailored to your specific circumstances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.