What is a §16061.7 notice?
Posted on Nov 27, 2013 10:05am PST
Under Section 16061.7 of the California Probate Code, certain Trustees are required to send a legal notice to the Trust's beneficiaries and other interested parties. In estate planning law, this is called a "Notification by Trustee" or sometimes a "§16061.7 Notice".
Different events might trigger the legal notice requirement; for example, the Settlor's death, or the change of Trustee of an irrevocable Trust.
In many cases, the §16061.7 Notice will be sent to each Trust beneficiary, each heir of the deceased Settlor (including disinherited heirs), and sometimes even the California Attorney General.
A properly served Notification triggers a 120-day statute of limitations on the recipient's right to contest the Trust. In some cases, this 120-day limit can be extended for 60 more days. During this time period, many Trustees don't like to distribute any Trust funds; opting instead to wait and see if any potential contestants will litigate.
If you received a §16061.7 Notice, it's probably because you are a Trust beneficiary, a potential heir, a disinherited heir, a potential creditor, or an interested party. In such case, we recommend you act quickly to find a lawyer to help explain it to you, and protect your rights.
Still have questions? Call us (805.494.4569) for a consultation today.
[For information only;
may NOT be relied upon as legal advice.]