Q: Trustee of my mom’s estate

A: You seem to be jumping from step 2 to step 12. There is A LOT of work that must be done before assets can be distributed to the beneficiaries named in the trust. I understand that everyone wants their inheritance ASAP, which is the case in 99% of trust administration matters. However, the law requires a number of tasks to be accomplished before that ever happens, and the Successor Trustees are both: (1) the people with the legal obligation to perform the tasks; and (2) the people who are PERSONALLY LIABLE if the tasks are not done properly. [That means Successor Trustees can be sued if they don't do it right.]

Whenever one of my clients passes away and the Successor Trustee steps up to the plate, I tell the Successor Trustee up front that there are anywhere between 10 - 20 steps that need to be accomplished (depending on the complexity of the trust) and distributing assets to beneficiaries is almost always THE LAST STEP just before we dissolve the trust. So, Successor Trustees may want to inform the beneficiaries about the trust administration process that must be followed by law, so the beneficiaries don't have an expectation that a person dies and, one month later, the beneficiaries get their inheritance. It very rarely works that way. But, even with that knowledge, beneficiaries often say they don't care about the Successor Trustee's legal obligations -- because they are not the ones on the hook if the job isn't done right! I suggest you think about what you are about to do and whether you are confident you know what you're doing. If not, you should consider hiring an attorney in your area to guide you through the process. It's likely that the trust's funds would pay the legal fees, but a lawyer would need to review each situation separately to know if that is in fact the case. Best wishes.

A: In California, when you send out waiver forms to beneficiaries under Probate Code section 16061.7, notarization is not a strict requirement. The key factor is that the waiver must be in writing and signed by each beneficiary who chooses to waive their right to contest the trust within the 120-day period.

However, having the waivers notarized can add an extra layer of verification, ensuring that the signatures are authentic and that the beneficiaries are willingly signing the documents. While not mandatory, this step can help prevent any potential disputes or challenges in the future regarding the validity of the waivers.

It's always a good practice to consult with a legal professional to ensure that you're following all necessary procedures correctly. They can provide guidance tailored to your specific situation and help you navigate any complexities that may arise during the estate administration process.