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Devika I Choudhury

Devika Choudhury’s Answers

3 total

  • I was left all assets in a living trust with the exception of special gifts. Am I required to provide a copy of trust doc? ?

    Devika’s Answer

    Probate Code section 16061.7 enumerates the various circumstances where a trustee must serve a notification by the trustee, for instance "when a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust..." This notification must be given to each beneficiary of the irrevocable trust or irrevocable portion of the trust, subject to certain limitations...and must be given to each heir of the deceased settlor.... if the event that requires notification is the death of a settlor. If the trust is a charitable trust subject to the supervision of the Attorney General, the notification must be sent to the Attorney General.
    The trustee must provide a copy of the terms of the irrevocable trust or irrevocable portion of the trust to any beneficiary or heir of the deceased settlor who requests it when the revocable trust or any portion of the revocable trust becomes irrevocable because of the death of one or more of the settlors of the trust..or whenever there is a change of trustee of an irrevocable trust. (Probate Code section 16061.5).

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  • My sister's estate has filed order for distribution,and has 2 more checks that were not included in petition. What do I do?

    Devika’s Answer

    A petition for final distribution often contains what's called an "omnibus clause" which addresses what happens with after-acquired assets. Essentially it provides that "any other property of the estate not now known or discovered that may belong to the estate or in which the decedent or the estate may have any interest should be distributed as follows without further court order....." (excerpted from CEB California Decedent Estate Practice: 31 Account, Report, and Petition for Final Distribution.)

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  • How can I see my late grandmothers will?

    Devika’s Answer

    In California, unless a petition for probate of the will is earlier filed, within 30 days after having knowledge of the death of the testator, the custodian of a will is required to deliver the will to the clerk of the superior court of the county in which the estate of the decedent may be administered (Probate Code section 8200(a)(1)). Within that 30 day period, the will must also be delivered to the person named in the will as the executor if his/her whereabouts is known by the custodian, or if not, then to a beneficiary, if his/her whereabouts is known to the custodian (Probate Code section 8200(a)(2)). A custodian who fails to comply with the above may be liable for damages to any person injured by the failure (Probate Code section 8200(b)). If the person in possession of the will fails to deliver it in accordance with the above, a court order requiring production of the will may be sought under Probate Code section 8201. Also, if the will is delivered to the clerk under Probate Code section 8200(a)(1), then Probate Code section 8200(c) requires the court clerk to release a copy of the will upon receipt of payment of a fee and either a court order for production of the will or a certified copy of a death certificate of the decedent.
    DISCLAIMER: This is general legal information only, which may or may not be applicable to an individual's specific situation and should NOT be relied upon as legal advice. No legal advice can be given without full consideration of all relevant information relating to the person's individual situation. No attorney-client relationship is formed between the viewer and the author of this content. No information will be kept confidential. This attorney is licensed to practice law in the State of California only, and the content of this posting is based solely on California law. This content does not constitute legal advice and is intended for informational purposes only. The content on this posting is provided "as-is;" no representations of any kind, express or implied, are made as to its accuracy, correctness, completeness or validity. This posting should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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