Under California law, when a decedent dies and their living trust become irrevocable, the trustee is required by Probate Code Section 16061.7 to give any beneficiary notice of that fact and advise that the beneficiary has a right to receive a copy of the trust and periodic accountings and that the beneficiary has the right to contest the trust within 120 days after receipt of such notice. Having received no such notice, the beneficiary’s right to contest the trust is four years unless there are other factors involved, such as they were a minor until recently.
Contesting the trust may be in violation of a “no contest clause” which would result in the beneficiary losing their inheritance.
Probate Code Section 16062 provides that if a trust was executed after 7/1/1987, the trustee shall account to the beneficiaries of a trust at least annually. The required contents of any such account are set forth in Probate Code Section 16063. Probate Code Section 17200 authorizes a beneficiary to obtain a court order compelling a trustee to account if a written demand for an accounting has been made, and more than 60 days have passed.
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