In most cases, a Trustee is not someone who has experience administering estates but is usually an appointed family member or trusted friend. When serving as the trustee of a trust for the very first time it can be confusing to understand all of the legal steps and terminology involved. If you are a trustee and uncertain of what actions to take, The Legacy Lawyers can help. One area where we see Trustee confusion is with filing a Notice of Proposed Action. What is a NOPA, you ask? We can explain.
Sometimes, administering a trust comes with the territory of navigating beneficiary frustrations, complaints, and drama. In the California probate code, trustees have a type of protection from beneficiary complaints called a Notice of Proposed Action. This serves as a way to notify all beneficiaries of actions (or inactions) you intend to take in administering the trust. The notice provides all the necessary information regarding your intentions and includes a section allowing for contest or objection which can then be settled by the court. If no objection is received or filed promptly, typically within 15 days, then you may proceed with the proposed actions without fear of repercussion.
Examples of actions where a trustee may consider using a Notice of Proposed Action include:
- Placing a mortgage on real estate
- Selling real property
- Executing a waiver or disclaimer on behalf of the decedent’s estate
- Selling or making other significant changes to the decedent’s business
- Distribution of any trust assets after the period for filing creditor’s claims has ended
You do not have to navigate administration without assistance if you have been appointed to administer a trust. The Legacy Lawyers can help to walk you through the process, file notices, and maintain an open line of communication throughout the entire process. Call The Legacy Lawyers with all your questions: (714) 963-7543.
