At the start of a trust administration, trustees must give beneficiaries a Notice of Trust Administration. There are many advances to carrying out this step.
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When a trust is written, the settlor, or person creating the trust, chooses someone to serve as successor trustee. Often the settlor chooses several people who are named in order.
For those who have never been involved in handling the affairs of a friend or loved one, the concept of what is involved in this process can be overwhelming. Often, individuals are not certain what it means to be appointed an executor, administrator, or trustee.
For those beneficiaries and heirs unfamiliar with the California estate administration process, it is not always clear whether the executor or trustee is acting properly and in accordance with state law.
The answer to this question depends on several factors. In some cases, when a decedent had a living trust that owned all of his assets, it may be possible to conduct a trust administration that does not involve the probate court. In other cases, some assets may require a probate administration.
For a California trustee, the process of invoking the creditors claim procedure in trust administration works as follows: A notice to creditors on the decedent’s behalf is published to a local newspaper.
You are not required to use drafting attorney services as executor or trustee, and you may not be required to use their services at all.
Each co-trustee has the right to hire their own attorney. The California Probate Code (which is the law that governs trusts) provides each trustee, or co-trustee, to hire their own lawyer. The other co-trustee has no right or ability to stop his fellow co-trustee from hiring his or her own probate lawyer.
If the trustee of a family member’s trust won’t give you any information, send a written request to them. The trustee is obligated to provide each beneficiary with information.
Notice is an important aspect of selling real estate during a probate administration. View here for more from a San Diego probate lawyer.