Legal Question in Wills and Trusts in California

Notice to creditors

I am the trustee for my deceased mom's living trust. Can you please tell me if

I have to file a notice to creditors on behalf of my mom's trust? My

understanding is that a living trust does not have to b/c the estate is not

being probated.

Thank you

Asked on 4/19/06, 2:20 am

2 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law
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Re: Notice to creditors

SEE Probate Code Sections 19000 through 19403 at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

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Answered on 4/21/06, 1:25 pm
Ken Koenen Koenen & Tokunaga, P.C.
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Re: Notice to creditors

As the trustee, you are required to identify all creditors and make sure they are paid in full before any distribution of the estate to heirs or beneficiaries. The notice to creditors is not necessary, but you are required to find any that exist and make sure they are paid.

Failure to pay creditors could result in the creditor demanding payment from you as trustee.

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Answered on 4/19/06, 1:26 pm

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