Under California Probate Code Section 16061.7, the Trustee of a California Trust is required to provide all beneficiaries and heirs with a true copy of the Trust documents, including any amendments, 60 days after the settlor’s death(s).
As you are required to provide the Trust no later than 60 days after the settlor’s death(s), you should have no objection to providing me with true copies of the Trust, and any amendments, at this time. If you do not provide me with a true copy of the Trust, and any amendments, I will have no choice but to file a petition in the Probate Court requesting the Court to order you to provide me with a true copy.
Please note, if I’m forced to file a petition, I will request that the Court order you to pay for the attorneys’ fees and costs associated with my petition. I hope I am not required to file a petition and you will simply provide me, as an heir and/or beneficiary of the Trust, a true copy of the Trust, and any amendments
TO: Executor’s Name
Subject: Please Provide True Copy of California Will
Under California Probate Code Section 8200, you, as Executor of the estate, are required to deliver the Will to the County Superior Court where the decedent died within 30 days of the decedent’s death. Please note, if I am damaged by your failure to deliver the Last Will to the Superior Court you will be liable for my damages. (See California Probate Code section 8200(b).)
As you are required to deliver the Will to the Superior Court, you should have no objection to providing me with a true copy at this time. If you do not provide me with a true copy of the Will, I will have no choice but to file a petition in the Probate Court requesting the Court to order you to provide me with true copies of the Will.
Please note, if I’m forced to file a petition, I will request that the Court order you to pay for the attorneys’ fees and costs associated with my petition. I hope I am not required to file a petition and you will simply provide me with a true copy of the Will on or before [INSERT DATE 30 DAYS FROM THE DATE OF THIS LETTER].
Author: Albertson & Davidson LLPAt Albertson & Davidson, our California trust and will litigation attorneys handle a wide range of matters involving trusts, wills, and probate. Our compassionate and skilled legal team has recovered more than $250 million in verdicts and settlements for our deserving probate and estate litigation clients.
The information provided on our website and in our videos are for general informational purposes only and does not, and is not intended to, constitute legal advice. You should consult an attorney for advice about your specific legal matter.
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