About Stephen C. Gruber Expertise I have been practicing law for 18 years and I specialize in estate
planning. I am certified as a specialist in estate planning, trust and
probate law by the State Bar of California Board of Legal
Specialization. Please limit questions to estate planning subjects,
such as trusts, wills, probate, trust administration, and powers of
attorney. I am licensed to practice law only in California, and can
answer questions only about California law.
Experience I have been practicing law since 1982 and most of the estate plans that I prepare involve living trusts, wills, and powers of attorney. I am also a probate attorney in the San Francisco Bay Area.
I received a bachelor's degree from Stanford University and a law degree from Willamette University in Salem, Oregon. I am certified as a specialist in estate planning, trust and probate law by the State Bar of California Board of Legal Specialization.{My website at www.ca-trusts.com has additional information about trusts, wills, and probate for California residents. Since I am a California attorney, I can answer only questions relating to California law. {Law{Estate & Probate{
Question What are the safeguards that are in place to require the trustee of living trust to notify the trust beneficiaries after the death of the original trustee? Is it possible that the trustee could decide to exclude one of the beneficiaries since there is no probate required?
The trust was a revocable living trust and the trustee died 2 months ago.
Santa Barbara, CA
Answer California Probate Code Section 16061.7(a) requires that the following information be given to (1) each beneficiary of an irrevocable trust, (2) the heirs of a settlor upon such settlor's death, and (3) the Attorney General in the case of a charitable trust subject to the supervision of the Attorney General, when a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors or for any other reason or when there is a change of trustees of an irrevocable trust. This notification shall be sent within 60 days of the date of death.
