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I am a licensed attorney in California. II am available to answer questions about probating estates, preparing wills and trusts, administering estates and trusts, forming family limited partnerships and limited liability companies, and establishing a wide variety of estate and gift tax-sensitive trusts (charitable trusts, children's trusts, irrevocable life insurance trusts, etc.).
I can also answer questions regarding the preparation of estate tax returns (Form 706) in taxable estates. Please note that I do not prepare trust income tax returns and cannot provide you with any information about that type of return.
Please note: I am only able to practice law in the State of California. I cannot answer specific questions about other states' laws; I can only provide some "general" information that may or may not apply to your situation.
Experience I have practiced California estate, gift-planning, and probate law exclusively since 1991. I am certified as a specialist in estate planning and probate law by the California State Bar Board of Legal Specialization (there are less than 125 such specialists practicing in Santa Clara County and fewer than 7,000 practicing in California - out of over 170,000 lawyers statewide).
I have served as an Instructor in the CFP (certificate in financial planning) program at University of California – Santa Cruz, teaching the estate planning segment.
Organizations Silicon Valley Bar Association
Wealth Counsel
Wealth Advisors' Forum
Executive Committee Member, Solo and Small Firm Section of the California State Bar (appointed to a 3 year term by the California State Bar Board of Governors)
Education/Credentials I received my law degree (J.D.) from University of Denver Law School in 1975. I was admitted to the Colorado Bar in 1975 and to the California Bar in 1977 (NOTE: although I am a member of the Colorado Bar, I am on INACTIVE status there). I earned an M.B.A. in 1982, and I am currently studying for a Masters Degree in Taxation Law (LLM) at Golden Gate University Law School.
More at:
http://www.calprobate.com
Awards and Honors 2007, 2008, & 2009 - chosen as a "SuperLawyer" - one of the top 5% of Northern California lawyers practicing in the estate planning and probate area (www.superlawyers.com)
My stepfather had 15 brothers and sisters who are dispersed all over the US (some alive, some not) and recently, his brother passed away in California. Apparently the brother had a living trust and the trustee has hired an attorney to deal with the particulars. My stepfather is livid that he can get no information about the trust or the name of the trustee, that the lawyer is asking for addresses of the siblings, and that the lawyer charges money (to the trust) for his services. My understanding is that nothing can be done and no information can be provided until all the siblings are notified (there are no children/wife in this situation so siblings are the "next of kin) and that lawyers hired by a trustee generally charge between 1% and 5% depending upon what is required. Is this correct? Thanks so much - I have a feeling everything is on the up and up but my parents feel like they are being given the run around and the lawyer is a "scheister" and I just want to give them peace of mind that yes, this is the way it works, and that they should provide the sibling address information that they have and that it is normal for the lawyer to charge the trusut for these services.
Answer You've asked several questions. I'll try to answer them, but please let me know if I miss anything.
First, regarding your stepfather's ability to get information about the trust and the name of the trustee. Under California probate code section 16061.7, he has the right to receive a copy of the trust (even if he isn't a beneficiary of the trust, he is an "heir of the deceased settlor" so he is entitled to notice). See: http://law.onecle.com/california/probate/16061.7.html
I suggest that your stepfather provide the lawyer with a copy of this code section and request a copy of the trust in writing. Tell the lawyer (in writing) that he's willing to go to court to "compel" production of the entire trust document if the lawyer doesn't comply with the Code.
Second, it is completely reasonable for the trustee to ask for the addresses of siblings (if the trustee cannot provide them) because the trustee (or the trustee's lawyer) is required to notify them under section 16061.7. And if a sibling is deceased, the trustee/lawyer is required to notify the deceased sibling's children - or, to be a bit clearer the nieces & nephews of the deceased "settlor/trustmaker".
Third, I don't understand what you mean when you say "my understanding is that nothing can be done and no information can be provided until all the siblings are notified". Again, the trustee/lawyer is required to notify all of the siblings (and the children of deceased siblings). But I don't know what you mean by "nothing can be done".
And I don't see why "no information can be provided until" everyone is notified. It might be easier (and less expensive) to provide information to everyone at the same time, but there's no legal requirement to do things that way. So I'd continue asking (in writing) for information. Within reason, of course.
As for the lawyer's fee - that's strictly a matter of negotiation in a trust administration. Frankly, I find that it's usually less expensive for the client if the client pays "by the hour". Unless there are complications, trust administrations usually can be handled relatively quickly and relatively inexpensively. Whether 1% to 5% is reasonable or not depends, in part, on how big the estate is and how complicated it is (for example, is an estate tax return required, do continuing trusts need to be set up for underage or incapacitated beneficiaries, etc.).
As for whether your parents are getting the run around ... it sounds like that might be happening a little (but maybe the lawyer is just trying to be efficient and do things once instead of having to perform the same tasks 15 times - once for each sibling).
Finally, as for whether it is normal for the lawyer to charge for these services ... all I can tell you is that no lawyer is to do these things for free. Your parents could volunteer to step in and do what needs to be done free of charge, if they want to. But the lawyer is performing a service and deserves to be compensated for his services (you wouldn't ask a doctor to perform an operation and expect it to be free; it's no different with a lawyer).
Hope that helps. If I misunderstood or missed anything, please let me know and I'll do my best to clarify.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
