WHY DID THE TRUSTEE PAY ALL THAT MONEY TO HIMSELF? WHAT ARE TRUSTEE FEES? A trust is typically established by a document known as a declaration of trust will which is a document with instructions for how the trust assets are to be handled. The declaration of trust also identifies…
Orange County Probate Court Litigation Lawyer YOU CAN FILE LAWSUITS OVER PROBATE ESTATE MATTERS PROBATE COURT SYSTEM Part of the California Superior Court system is dedicated to administration of trusts and estates and the deciding of lawsuits over all aspects of trusts and estates. Probate court litigation lawsuits in the…
Can I Really Spend All My Inheritance Money, or Does Uncle Same Get a Portion? DOESN’T MATTER IF IT COMES FROM AN ESTATE OR TRUST Is My Inheritance Taxable – Your inheritance of money or property may come from the estate of a deceased person or from a trust established…
How did that kid get so much money to blow! 18 is the age of majority When a child turns 18 years he or she is considered to be an adult under California law. In legal terms, children under age 18 are called “minors” and when they reach age 18…
How Do You Figure Out Who Gets What? – Inheritance with Simultaneous Deaths LEGAL BACKGROUND: 2 WAYS TO INHERIT Under California law a person can inherit money or property (1) as a result of being named in a legal document such as a will or (2) inheritance can occur because…
My Sister is the Trustee and She Refuses to Pay My Share Trust terminology basics A trust is created by a written document known as a declaration of trust, and is then funded by transfer of money into trust bank accounts and/or deeding or transferring of properties to the trust. The creator…
Wills benefiting the attorney or caregiver are suspect Abuses in formation of wills and trusts In California over the last few decades there have been some situations whereby attorneys or caregivers have had wills or trusts prepared that benefit them. There was a famous case of a 95-year-old lady whose…
Cut out the heirs who challenge the will using No Contest Clauses Challenges can occur If a will or a trust does not make an equal division of the estate then an unhappy heir might want to make a challenge. The law does not require you to equally divide your…
I was just put in charge of a trust so what do I do? Trust Administration Basics for Newly Appointed Trustees Events triggering administration. Trust administration is needed when or both of the Trustors (i.e. persons who created the trust) passes away or resigns voluntarily or becomes legally incompetent. Basic…
Letting Some of the Kids Live in Mom’s House May Lead to Costly Litigation Frequently we run across situations where parents will leave their residences to one or more of their children in their will or their trust. If they only have one child then the situation is usually okay…