QUESTION
How long after my father's death does my step-mother have to set up the AB Trust, and is she required to give my sister and me a copy?
Asked on Aug 18th, 2014 on Trusts and Estates - California
More details to this question:
Our father died 2 months ago. His second wife has 3 children from a previous marriage, our father has 2 from a previous marriage. Instructions in their trust were to set up an AB trust after death of the first spouse. Our father was the first to die. How long does our step-mother have to set up this AB trust, and how do we ask her to do so and give us a copy?
1 ANSWER
I am sorry for your loss. Pursuant to California Probate Code section 16061.7 she is to send trust notice within 60 days of death if the trust becomes irreovocable. Assuming the AB trust was a mandatory split rather than a "disclaimer" option then she should send notice. In that notice is a provision that allows you to ask for a copy of the trust. The actual trust funding, assuming it happens, would likely take several months longer to complete. Good luck. -John
Answered on Aug 19th, 2014 at 7:26 AM