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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7351
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My father passed away in California in April 2013. He and my

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My father passed away in California in April 2013. He and my stepmother (both life-long California residents) had a joint living trust. I do not know for certain whether my father left a will for any separate property he might have owned outside the trust, although I believe he did. Under California law (specifically Probate Code Section 16061.7), is the trustee of their joint living trust required to notify me of the death of the trustor (my father) and the existence of the trust? The Code seems to be a bit ambiguous on this, saying "notification must also be given to the heirs at law of that trustor (defined in Probate Code Section 44 as the persons who are entitled to take property of the decedent by intestate succession)". What is unclear to me is - Does that statement mean that notification is required only when the decedent died intestate?

Fredericka Altergott

I believe that it means that notice must be given to the heirs at law regardless of whether there is a will or not. The reason is that the trust might contain terms that benefit the heirs at law which are separate and distinct from the settlor's will.

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