Sunday, June 21, 2009

CALIFORNIA CODES-PROBATE CODE SECTION 16060-16064

CALIFORNIA CODES
PROBATE CODE
SECTION 16060-16064


16060.
The trustee has a duty to keep the beneficiaries of the
trust reasonably informed of the trust and its administration.


16060.5.
As used in this article, "terms of the trust" means the
written trust instrument of an irrevocable trust or those provisions
of a written trust instrument in effect at the settlor's death that
describe or affect that portion of a trust that has become
irrevocable at the death of the settlor. In addition, "terms of the
trust" includes, but is not limited to, signatures, amendments,
disclaimers, and any directions or instructions to the trustee that
affect the disposition of the trust. "Terms of the trust" does not
include documents which were intended to affect disposition only
while the trust was revocable. If a trust has been completely
restated, "terms of the trust" does not include trust instruments or
amendments which are superseded by the last restatement before the
settlor's death, but it does include amendments executed after the
restatement. "Terms of the trust" also includes any document
irrevocably exercising a power of appointment over the trust or over
any portion of the trust which has become irrevocable.


16061.
Except as provided in Section 16064, on reasonable request
by a beneficiary, the trustee shall provide the beneficiary with a
report of information about the assets, liabilities, receipts, and
disbursements of the trust, the acts of the trustee, and the
particulars relating to the administration of the trust relevant to
the beneficiary's interest, including the terms of the trust.


16061.5.
(a) When a revocable trust or any portion of a revocable
trust becomes irrevocable because of the death of one or more of the
settlors of the trust, or because, by the express terms of the trust,
the trust becomes irrevocable within one year of the death of a
settlor because of a contingency related to the death of one or more
of the settlors of the trust, the trustee shall provide a true and
complete copy of the terms of the irrevocable trust, or irrevocable
portion of the trust, to any beneficiary of the trust who requests it
and to any heir of a deceased settlor who requests it.

(b) The trustee shall, for purposes of this section, rely upon any
final judicial determination of heirship. However, the trustee
shall have discretion to make a good faith determination by any
reasonable means of the heirs of a deceased settlor in the absence of
a final judicial determination of heirship known to the trustee.


16061.7.
(a) A trustee shall serve a notification by the trustee as
described in this section in the following events:

(1) When a revocable trust or any portion thereof becomes
irrevocable because of the death of one or more of the settlors of
the trust, or because, by the express terms of the trust, the trust
becomes irrevocable within one year of the death of a settlor because
of a contingency related to the death of one or more of the settlors
of the trust.

(2) Whenever there is a change of trustee of an irrevocable trust.
The duty to serve the notification by the trustee is the duty of
the continuing or successor trustee, and any one cotrustee may serve
the notification.

(b) The notification by the trustee required by subdivision (a)
shall be served on each of the following:

(1) Each beneficiary of the irrevocable trust or irrevocable
portion of the trust, subject to the limitations of Section 15804.

(2) Each heir of the deceased settlor, if the event that requires
notification is the death of a settlor or irrevocability within one
year of the death of the settlor of the trust by the express terms of
the trust because of a contingency related to the death of a
settlor.

(3) If the trust is a charitable trust subject to the supervision
of the Attorney General, to the Attorney General.

(c) A trustee shall, for purposes of this section, rely upon any
final judicial determination of heirship, known to the trustee, but
the trustee shall have discretion to make a good faith determination
by any reasonable means of the heirs of a deceased settlor in the
absence of a final judicial determination of heirship known to the
trustee.

(d) The trustee need not provide a copy of the notification by
trustee to any beneficiary or heir (1) known to the trustee but who
cannot be located by the trustee after reasonable diligence or (2)
unknown to the trustee.

(e) The notification by trustee shall be served by mail to the
last known address, pursuant to Section 1215, or by personal
delivery.

(f) The notification by trustee shall be served not later than 60
days following the occurrence of the event requiring service of the
notification by trustee, or 60 days after the trustee became aware
of the existence of a person entitled to receive notification by
trustee, if that person was not known to the trustee on the
occurrence of the event requiring service of the notification. If
there is a vacancy in the office of the trustee on the date of the
occurrence of the event requiring service of the notification by
trustee, or if that event causes a vacancy, then the 60-day period
for service of the notification by trustee commences on the date the
new trustee commences to serve as trustee.

(g) The notification by trustee shall contain the following
information:

(1) The identity of the settlor or settlors of the trust and the
date of execution of the trust instrument.

(2) The name, mailing address and telephone number of each trustee
of the trust.

(3) The address of the physical location where the principal place
of administration of the trust is located, pursuant to Section
17002.

(4) Any additional information that may be expressly required by
the terms of the trust instrument.

(5) A notification that the recipient is entitled, upon reasonable
request to the trustee, to receive from the trustee a true and
complete copy of the terms of the trust.

(h) If the notification by the trustee is served because a
revocable trust or any portion of it has become irrevocable because
of the death of one or more settlors of the trust, or because, by the
express terms of the trust, the trust becomes irrevocable within one
year of the death of a settlor because of a contingency related to
the death of one or more of the settlors of the trust, the
notification by the trustee shall also include a warning, set out in
a separate paragraph in not less than 10-point boldface type, or a
reasonable equivalent thereof, that states as follows:

"You may not bring an action to contest the trust more than 120
days from the date this notification by the trustee is served upon
you or 60 days from the date on which a copy of the terms of the
trust is mailed or personally delivered to you during that 120-day
period, whichever is later."

(i) Any waiver by a settlor of the requirement of serving the
notification by trustee required by this section is against public
policy and shall be void.

(j) A trustee may serve a notification by trustee in the form
required by this section on any person in addition to those on whom
the notification by trustee is required to be served. A trustee is
not liable to any person for serving or for not serving the notice on
any person in addition to those on whom the notice is required to be
served. A trustee is not required to serve a notification by
trustee if the event that otherwise requires service of the
notification by trustee occurs before January 1, 1998.


16061.8.
No person upon whom the notification by the trustee is
served pursuant to this chapter may bring an action to contest the
trust more than 120 days from the date the notification by the
trustee is served upon him or her, or 60 days from the day on which a
copy of the terms of the trust is mailed or personally delivered to
him or her during that 120-day period, whichever is later.


16061.9.
(a) A trustee who fails to serve the notification by
trustee as required by Section 16061.7 on a beneficiary shall be
responsible for all damages, attorney's fees, and costs caused by the
failure unless the trustee makes a reasonably diligent effort to
comply with that section.

(b) A trustee who fails to serve the notification by trustee as
required by Section 16061.7 on an heir who is not a beneficiary and
whose identity is known to the trustee shall be responsible for all
damages caused to the heir by the failure unless the trustee shows
that the trustee made a reasonably diligent effort to comply with
that section. For purposes of this subdivision, "reasonably
diligent effort" means that the trustee has sent notice by
first-class mail to the heir at the heir's last mailing address
actually known to the trustee.

(c) A trustee, in exercising discretion with respect to the timing
and nature of distributions of trust assets, may consider the fact
that the period in which a beneficiary or heir could bring an action
to contest the trust has not expired.


16062.
(a) Except as otherwise provided in this section and in
Section 16064, the trustee shall account at least annually, at the
termination of the trust, and upon a change of trustee, to each
beneficiary to whom income or principal is required or authorized in
the trustee's discretion to be currently distributed.

(b) A trustee of a living trust created by an instrument executed
before July 1, 1987, is not subject to the duty to account provided
by subdivision (a).

(c) A trustee of a trust created by a will executed before July 1,
1987, is not subject to the duty to account provided by subdivision
(a), except that if the trust is removed from continuing court
jurisdiction pursuant to Article 2 (commencing with Section 17350) of
Chapter 4 of Part 5, the duty to account provided by subdivision (a)
applies to the trustee.

(d) Except as provided in Section 16064, the duty of a trustee to
account pursuant to former Section 1120.1a of the Probate Code (as
repealed by Chapter 820 of the Statutes of 1986), under a trust
created by a will executed before July 1, 1977, which has been
removed from continuing court jurisdiction pursuant to former Section
1120.1a, continues to apply after July 1, 1987. The duty to account
under former Section 1120.1a may be satisfied by furnishing an
account that satisfies the requirements of Section 16063.

(e) Any limitation or waiver in a trust instrument of the
obligation to account is against public policy and shall be void as
to any sole trustee who is a disqualified person as defined in
Section 21350.5.


16063.
(a) An account furnished pursuant to Section 16062 shall
contain the following information:

(1) A statement of receipts and disbursements of principal and
income that have occurred during the last complete fiscal year of the
trust or since the last account.

(2) A statement of the assets and liabilities of the trust as of
the end of the last complete fiscal year of the trust or as of the
end of the period covered by the account.

(3) The trustee's compensation for the last complete fiscal year
of the trust or since the last account.

(4) The agents hired by the trustee, their relationship to the
trustee, if any, and their compensation, for the last complete fiscal
year of the trust or since the last account.

(5) A statement that the recipient of the account may petition the
court pursuant to Section 17200 to obtain a court review of the
account and of the acts of the trustee.

(6) A statement that claims against the trustee for breach of
trust may not be made after the expiration of three years from the
date the beneficiary receives an account or report disclosing facts
giving rise to the claim.

(b) All accounts filed to be approved by a court shall be
presented in the manner provided in Chapter 4 (commencing with
Section 1060) of Part 1 of Division 3.


16064.
The trustee is not required to report information or account
to a beneficiary in any of the following circumstances:

(a) To the extent the trust instrument waives the report or
account, except that no waiver described in subdivision (e) of
Section 16062 shall be valid or enforceable. Regardless of a waiver
of accounting in the trust instrument, upon a showing that it is
reasonably likely that a material breach of the trust has occurred,
the court may compel the trustee to report information about the
trust and to account.

(b) In the case of a beneficiary of a revocable trust, as provided
in Section 15800, for the period when the trust may be revoked.

(c) As to a beneficiary who has waived in writing the right to a
report or account. A waiver of rights under this subdivision may be
withdrawn in writing at any time as to the most recent account and
future accounts. A waiver has no effect on the beneficiary's right
to petition for a report or account pursuant to Section 17200.

(d) Where the beneficiary and the trustee are the same person.

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