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A trustee has many major responsibilities during the administration of a trust. They must adhere to the instructions drafted by the creator of the trust. They must properly manage trust resources and make distributions as necessary or appropriate. Generally speaking,...
Many estate plans in California are created with a single goal in mind: to avoid the cost and delay of the probate process. To do this, tools such as living trusts, joint tenancy, or “payable on death” (POD) designations on bank accounts are used. There is a...
People's mental acuity may decline as they age. Some people develop truly debilitating medical conditions, such as Alzheimer's disease. Others simply become increasingly more confused and may struggle to manage their own affairs. Typically, grieving families want to...
When it comes to trusts, numbers rarely lie. Every financial statement tells a story, sometimes revealing a trustee’s careful management. Other times, it reveals concerning signs in the trustee’s actions. When this happens, your inheritance faces real danger. When to...
One potential reason for estate litigation is undue influence. This means that an outside party influenced the estate plan and it does not reflect the deceased person’s true wishes. One sibling may say that another sibling used undue influence to manipulate the parent...
A person's property typically becomes the contents of their estate after they die. Those assets pass either to chosen beneficiaries if the person had an estate plan or to heirs if they died without a will. Beneficiaries or heirs expecting to inherit from an estate...
Will contests may arise due to a variety of different circumstances. Sometimes, family members believe that an individual lacked capacity at the time when they drafted or modified their will due to dementia or other pressing medical issues. Other times, a contest...
When someone dies, the executor must handle the estate correctly. In California, you can take legal action when the executor moves past normal delays or minor mistakes and causes real harm to the estate or the people who should inherit from it. Who can bring a claim...
A trustee has a responsibility to follow trust instructions. They also have a fiduciary duty to the beneficiaries of the trust. They should put the best interests of beneficiaries first whenever making decisions about trust management. Most of the time, trustors are...
Many items passed on to the next generation have sentimental value to beneficiaries. There may be a strong connection to childhood or youth, and these items can bring back nostalgic memories of the time their parents were raising them. This emotional attachment can...