California Trust Probate Code For Preliminary Distribution

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Multi-State
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US-00737BG
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Description

The Nominee Trust document serves as an essential legal framework under the California trust probate code for preliminary distribution. It clearly defines the roles and responsibilities of the Trustee who manages the trust assets for the benefit of specified beneficiaries. Key provisions include the procedures for appointing and removing Trustees, established rights for exercising authority, and notification processes regarding changes in beneficiaries. The document also outlines the Trustee's duties to maintain and distribute income fairly among beneficiaries, as well as protections against personal liability in carrying out trust responsibilities. Notably, the trust can be amended or terminated through written notice and must be recorded with the appropriate county official to ensure legal compliance. This Nominee Trust form is particularly useful for attorneys, partners, and associates involved in estate planning, providing them with the structure needed to effectively manage assets and ensure proper distribution. Paralegals and legal assistants may utilize this document to facilitate communication between trustees and beneficiaries, while ensuring adherence to legal obligations during trust execution.
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FAQ

11620. A petition for an order for preliminary distribution of all, or a portion of, the share of a decedent's estate to which a beneficiary is entitled may not be filed unless at least two months have elapsed after letters are first issued to a general personal representative.

Preliminary distributions refer to the distribution of assets to the beneficiaries before the estate is fully settled and closed. These distributions may be made for the purpose of paying off debts or taxes, or to provide funds for the beneficiaries to cover living expenses while the estate administration is ongoing.

Once disbursement is complete, meaning all debts and final taxes are paid, a trustee can distribute the inheritance to beneficiaries. This is called distribution. It is only then that money should be paid to the benefit or care of the beneficiary.

Disbursements are payments in cash or cash equivalents. In comparison, reimbursement refers to the actual payment to cover the original disbursement. For example, when attorneys pay expenses on behalf of a client, the money paid to a third party is a disbursement.

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.

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California Trust Probate Code For Preliminary Distribution