Estate of Leopold CA2/6

DISCUSSION

A. Probate Code Section 16061.7 Notice Section 16061.7, subdivision (a)(1) requires a trustee to notify heirs “[w]hen a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust.” The trustee must do so within 60 days of the settlor’s death. (Id., subd. (f).) The notice must advise recipients of their right to receive a copy of the trust and provide them with the trustee’s contact information. (Id., subd. (g).) It must also contain the following admonition: “‘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 delivered to you during that 120-day period, whichever is later.’” (Id., subd.

3 (h).) Section 1215 allows the trustee to serve the section 16061.7 notice by personal delivery, electronic service, or mailing it to the recipient’s “place of residence.” (§§ 1215, subd. (a)-(c); 16061.7, subd. (e).) Determining whether Kevin received valid section 16061.7 notice required the probate court to resolve interrelated issues of law and fact. We review its…