Palm Desert, CA asked in Estate Planning for California

Q: In the case of a living trust what notices are required to be given by the successor trustee iupon death of grantor

Grantor left three beneficiaries to an estate valued at $1,000,000

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

A: Upon the death of the grantor of a living trust in California, the successor trustee has certain legal obligations to provide notice to the trust beneficiaries. Here are the key details:

• Notice of Trust - Within 60 days after the grantor's death, the successor trustee is required to provide each trust beneficiary with a Notice of Trust. This notice provides basic information about the trust, including the identity of the grantor and trustee, contact information, and a listing of trust assets.

• Notice of Change of Trustee - Within 60 days, the successor trustee must also provide notice to the beneficiaries that they are now serving as the trustee. This new trustee notice should contain their contact details.

• Notice of Proposed Action - Before taking certain actions like selling real estate or distributing trust assets, the trustee must give at least 45 days advance written notice describing the proposed action. This allows beneficiaries to object.

• Request for Special Notice - Beneficiaries can also file a request for special notice which entitles them to receive notices about all trust administration actions.

In this case with a $1 million estate and three beneficiaries, the successor trustee would be legally required to provide each beneficiary with both a Notice of Trust and Notice of Change of Trustee within 60 days of the grantor's death. The other notice requirements would apply later in the administration process.

The specifics of trust notice requirements can be complex - consulting a trusts and estates attorney is highly recommended to ensure full legal compliance.

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