Filing a Notice of Proposed Action or Inaction is an option for any trustee of a California trust who fears a potential dispute from a beneficiary of the trust. In some instances, filing a notice of Proposed Action or Inaction may be a required under California trust administration law. If you are a first time trustee, you may have some confusion on how to go about handling a Notice of Proposed Action. Below is an outline of the actions that pertain to the filing of a Notice. However, be sure to consult with an experienced probate attorney before taking any actions.
Steps on carrying out a Notice of Proposed Action:
- Consult with an experienced Riverside trust lawyer who can guide you through the trust administration process.
- Complete the Notice of Proposed Action form provided by the probate court.
- Be sure to complete all attachments to the document, such as a copy of the Residential Property Purchase Agreement.
- Choose a date by which recipients must respond. When choosing a response date deadline, make sure it allows sufficient for each person to receive notice, that is being affected by the notice of action or inaction.
- Next, have someone mail or personally deliver the Notice to each person at least 15 days before the response deadline.
- Request that recipients sign the Consent to Proposed Action and return to you.
- Obtain a Waiver of Notice of Proposed Action from anyone not receiving the Notice.
- Have the person who mailed or delivered the Notice sign a Proof of Service by Mail or Personal Delivery.
- File the original Notice and Proof of Service and any Waivers and Consents with the probate court.
- Lastly, make sure to wait until the date specified on the Notice to take the proposed action.
In order to prevent any disputes, it is important to take the proper steps when administering a trust. To learn more, contact an experienced Riverside trust attorney for guidance. Call our toll-free number today at (888) 443-6590.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307