Trustee Notification Requirements California

Summary

The notification to contingent beneficiaries when a new trustee is named in a California trust is called a Trustee Notification. It must include the identity and contact information of the successor trustee, the right to request a copy of the trust document, and a warning about the 120-day period to act. If you have Power of Attorney, you can potentially sell property under the trust, but its best to consult a lawyer. Your mother can still make decisions and write checks even if she has given you Power of Attorney. The California Probate Code Section 4000-4545 outlines the powers that can be granted in a Power of Attorney.

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What is the notification called to notify contingent beneficiaries when a new trustee is named on a California trust?
The notification you're referring to is known as a "Trustee Notification." In California, under Probate Code section *.*, when a new trustee takes over, they are required to notify all beneficiaries of the trust about the change.
What needs to be in the notification?
The notification must include:
- The identity of the successor trustee
- The trustee's contact information
- The right to request a copy of the trust document
- A warning that the recipient's rights may be affected if they don't act within 120 days.
If I have power of attorney which states that I have power of estate, trust, and other beneficiary transactions, does that mean I potentially can sell property under the trust on my mom's behalf?
Yes, as a Power of Attorney, you can potentially sell properties under the trust if it's specifically stated in the document. However, it's best to consult a lawyer to ensure compliance with California laws and trust terms.
Since my mom still has all of her faculties, can she make decisions as well even though she has given me power of attorney?
My mom is still competent but gave me power of attorney so I can handle all of her finances and property. Can she still make decisions and write checks out? I want her to have that ability
Yes, your mother can still make decisions and write checks. Power of Attorney (POA) doesn't take away her rights or abilities, it just permits you to act on her behalf. But, it's advisable to review the specific terms of the POA document to ensure there are no restrictions.
is there a specific part of the California Code that defines each power that can be granted in a power of attorney?
Yes, the California Probate Code Section *-* specifically outlines the powers that can be granted in a Power of Attorney. It includes:
- Real property transactions
- Tangible personal property transactions
- Stock and bond transactions
- Commodity and option transactions
- Banking and other financial institution transactions
- Business operating transactions
- Insurance and annuity transactions
- Estate, trust, and other beneficiary transactions
- Claims and litigation
- Personal and family maintenance
- Benefits from social security, medicare, medicaid, or other governmental programs, or civil or military service
- Retirement plan transactions
- Tax matters.
My mom granted me all of those powers. Does that mean I can do things on her behalf with the trust?
Yes, if your mom granted you all those powers in the Power of Attorney, it means you are authorized to perform those actions on her behalf with the trust. However, it's always advisable to consult with a lawyer to ensure compliance with California's laws and the specific terms of the trust.