Advice about settling a trust

[knash]

Jurisdiction

California

So we're just starting the process of settling up my Uncle's Irrevocable Trust here in CA and I am a bit confused about a couple of things;

The Trust itself is pretty straightforward, but they (my late Auntie and Uncle) added an Amendment (a Contingent Beneficiary) to the Trust after the original was written which I understand was legal, but it is simply a typed amendment which is signed by the both of them and then Notarised on a separate page. Does this still count? I have read conflicting information about whether Trust amendments need to be witnessed/signed.

Also, apparently we are obligated to inform any potential heirs about the details of the Trust via letter, which is fine except we don't really know anyone on my Auntie's family or even how to locate them so it seems impossible to fulfil that. Does my Auntie's family have to be informed as she was one of the original Grantors/Trustee or is it only heirs of my Uncle as the last surviving Trustee? Any help would be appreciated!

 

[army judge]

You should retain an attorney to guide you through this process.

To not do so could cause you to reap some very bitter fruit.

Without reading the ENTIRE trust document, anything you're told will simply be drivel, or mere speculation.

 

[knash]

Thanks for your reply. Yes we are in the process of securing an Attorney who I know will be able to handle this for us but I just wondered if anyone had any general knowledge relevant to California about my questions. Thanks!

 

[army judge]

Thanks for your reply. Yes we are in the process of securing an Attorney who I know will be able to handle this for us but I just wondered if anyone had any general knowledge relevant to California about my questions. Thanks!

As I said, without reading the trust, anything said you would be general information you could discover by searching the internet.

 

[zddoodah]

The Trust itself is pretty straightforward, but they (my late Auntie and Uncle) added an Amendment (a Contingent Beneficiary) to the Trust after the original was written which I understand was legal, but it is simply a typed amendment which is signed by the both of them and then Notarised on a separate page. Does this still count?

Notary acknowledgments are commonly done on a page separate from the signature, so there's nothing inherently unusual about that.

I have read conflicting information about whether Trust amendments need to be witnessed/signed.

They need to be notarized.

Also, apparently we are obligated to inform any potential heirs about the details of the Trust via letter, which is fine except we don't really know anyone on my Auntie's family or even how to locate them so it seems impossible to fulfil that.

Who told you that you are obligated to do this and why are you obligated to do so? Also, who are "we"? Are you a trustee or the trustee of the trust? Are there co-trustees? Is this a reference to Probate Code section 16061.7?

Does my Auntie's family have to be informed as she was one of the original Grantors/Trustee or is it only heirs of my Uncle as the last surviving Trustee?

Read section 16061.7 carefully. If, after doing so, you still have questions, please feel free to ask.

That being said, administering a trust is not a good do-it-yourself project. Your life will be much easier if you retain an attorney to assist you.

 

[knash]

Who told you that you are obligated to do this and why are you obligated to do so? Also, who are "we"? Are you a trustee or the trustee of the trust? Are there co-trustees? Is this a reference to Probate Code section 16061.7?

Nobody told me, I just read online that beneficiaries and legal heirs have to be informed which is easy on my Uncles side but not my Aunts.

We haven't started the process yet but I will likely be acting as the trustee on behalf of the beneficiary/successor trustee who doesn't want to do it themselves.

 

[zddoodah]

We haven't started the process yet but I will likely be acting as the trustee on behalf of the beneficiary/successor trustee who doesn't want to do it themselves.

Again, who are "we"? I assume that your aunt or uncle, whichever of them died more recently, was the last trustee, and you appear not to be the successor trustee. Does the trust say who becomes the successor trustee if the person nominated in the trust instrument doesn't want to do it? If not, does it contain language that determines who will act as successor trustee? In any event, acting as a trustee if you're not actually the trustee can be a very bad idea.

I will again strongly urge that you not take further actions without consulting legal counsel.

 

[army judge]

I will again strongly urge that you not take further actions without consulting legal counsel.

I'm going to shadow WebMD and similar sites for a few says and see how the physician community addresses this.

My suspicion is that their questions are more what I expect ours should be.

Do you think my suspicions are flawed?

 

[knash]

Again, who are "we"? I assume that your aunt or uncle, whichever of them died more recently, was the last trustee, and you appear not to be the successor trustee. Does the trust say who becomes the successor trustee if the person nominated in the trust instrument doesn't want to do it? If not, does it contain language that determines who will act as successor trustee? In any event, acting as a trustee if you're not actually the trustee can be a very bad idea.

I will again strongly urge that you not take further actions without consulting legal counsel.

No my Father is the last trustee but he doesn't even use a computer so doesn't want to be bothered with it and has asked me to do it. I don't know if its as simple as that but we will see what the Attorney says.

 

[zddoodah]

No my Father is the last trustee but he doesn't even use a computer so doesn't want to be bothered with it and has asked me to do it. I don't know if its as simple as that but we will see what the Attorney says.

Ok. If you want additional information here, please go back and answer the questions I asked (all of them).

 

[knash]

Ok. If you want additional information here, please go back and answer the questions I asked (all of them).

Thanks, I think the info you provided was helpful enough.

I did have one additional question; the trust document states that amendments and alterations to the trust can be made 'by an instrument in writing', does that literally mean the amendments have to be in handwriting or does that also cover typed documents? Thanks.

 

[zddoodah]

the trust document states that amendments and alterations to the trust can be made 'by an instrument in writing', does that literally mean the amendments have to be in handwriting or does that also cover typed documents?

The term "instrument in writing" is not limited to handwriting and also includes typed documents.