QUESTION

What are the trustee's legal duties?

Asked on Jun 27th, 2014 on Trusts and Estates - California
More details to this question:
I am successor trustee for my father's trust. Do I need to do anything official (i.e. file papers) after his death or can I just go ahead and handle things in accordance with the terms of his trust and will?
Report Abuse

1 ANSWER

I am sorry for your loss.  Most trustee duties are optional but encouraged. For example, the law does not require you put the beneficiaries on notice when you sell real estate, in a trust, but I always advise clients to do so. Having said that some things are mandatory. For example, trust notice shall be given pursuant to California probate code 16061.7.  Additionally, it may not be mandatory but certainly adviseable to file parent-child transfer forms on real estate, BEFORE selling, to avoid a supplemental property tax and always within 3 years of death even if keeping the property. I hope this helps. Good luck. -John
Answered on Jul 03rd, 2014 at 9:02 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters