Legal Question in Wills and Trusts in California

Re: Reading of will/trust time line

Any will should be filed within 30 days of one's death, and notice of death from the trustee should also come within 60 days of one's death. There are other deadlines as well, so administering the trust or estate should be done immediately to avoid problems. It's difficult for family to press one another, so perhaps a gentle letter from an attorney would help move things along and get you a copy of the will and trust to review.

Re: Reading of will/trust time line

Strive for family consensus. Work to get this family together, as a family and solve the problems together. If your sister is suffering from grief, take that into consideration. If you have not had a great relationship with her you need to be mature and act as if you cared for her, which you undoubtedly do. The death of a family member brings out the best or the worst in us. Let this death bring out your best, move loving self. Even if you were not given the "POWER" you can be the grown up. If your sister is entirely unable to act you need to see an attorney.

Re: Reading of will/trust time line

The Will is required to be filed with the Clerk's office within 30 days after death. And the trustee or custodian of a trust is required to provide a copy or opportunity to inspect the trust at reasonable times and places. But one cannot require administration to wait for so long. There could be adverse tax consequences and other costs incurred by the trust if cetain items are not done within a few months. I would try to pint these things out in a very respectuyl way, particularly the possible tax consequences and see if you can get cooperation. If you know the lawyer who prepared the trust, then call him or her, and the lawyer might intervene to help get things going. Call your lawyer, or let me know if I could help. Good luck.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

(925) 228-5232