Encino Trust and Estate Disputes

In brief: Within 60 days after a settlor’s death makes a trust irrevocable, the trustee must notify every beneficiary and each of the settlor’s heirs (Probate Code § 16061.7). A trustee who fails to notify a beneficiary can be liable for the resulting damages, attorney’s fees, and costs (§ 16061.9). Hackard Law handles these cases on contingency: no fee and no costs if there is no recovery, unless your written agreement provides otherwise.

Some trust disputes begin with a letter. Others begin with no letter at all. A parent dies, a sibling takes over as trustee, and months pass without notice, a copy of the trust, or any word about the estate.

Rancho Los Encinos

Encino’s name is a variant of the Spanish encina, oak, from Father Juan Crespí’s 1769 “Los Encinos.” Rancho Los Encinos was granted in 1845, and Los Encinos State Historic Park preserves the nine-room de la Osa adobe, built in 1849. Encino is a neighborhood of the City of Los Angeles.

The trustee who never sent notice

When a settlor’s death makes a trust irrevocable, the trustee must serve a notification on each beneficiary and each heir of the deceased settlor within 60 days (Probate Code § 16061.7). The notice tells you that you may request a copy of the trust, and it starts the 120-day period to contest it (Probate Code § 16061.8).

A trustee must also provide the terms of the trust to a beneficiary who requests them (Probate Code § 16060.7). A trustee who fails to serve the notification on a beneficiary is liable for the damages, attorney’s fees, and costs the failure causes, unless the trustee made a reasonably diligent effort to comply (Probate Code § 16061.9).

Warning signs

  • No notification months after a parent’s death.
  • A request for a copy of the trust that goes unanswered.
  • Assets sold or distributed before beneficiaries were told the trust existed.
  • “There’s nothing to tell you” from a trustee who controls everything.

Encino at a glance

  • Status: Neighborhood of the City of Los Angeles
  • ZIP codes: 91316, 91436
  • Rancho Los Encinos granted: 1845
  • The Census Bureau does not publish figures for neighborhoods within the City of Los Angeles.

Where your case is heard

Trust and probate cases for Encino are heard in the probate departments of Los Angeles County Superior Court, Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles, California 90012, approximately 18 driving miles from Encino. Actual distance varies by starting point and route. Hackard Law’s office is in Sacramento County. The firm handles matters in Los Angeles County Superior Court and throughout California.

How fees work

Hackard Law represents families on a contingency basis. The fee is a percentage of the recovery, stated in a written agreement before work begins. The firm advances the costs of the case, which are repaid from the recovery. If there is no recovery, you owe no fee and no costs, unless your written agreement provides otherwise.

Frequently Asked Questions

The trustee must serve notice on each beneficiary and each heir within 60 days after a settlor’s death makes the trust irrevocable (Probate Code § 16061.7). A trustee who fails to notify a beneficiary is liable for the damages, attorney’s fees, and costs the failure causes, unless the trustee made a reasonably diligent effort (§ 16061.9).

If you are a beneficiary, yes. A trustee must provide the terms of the trust to a beneficiary who requests them (Probate Code § 16060.7). Heirs who receive the § 16061.7 notification may also request a copy.

It starts when the trustee serves the Probate Code § 16061.7 notification. You then have 120 days from service, or 60 days after delivery of a copy of the trust terms if that delivery occurs during the initial 120-day period, whichever is later, to contest the trust (Probate Code § 16061.8).

Michael Hackard
Michael HackardHackard Law
California State Bar #71067

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