Posts Categorized: Trust Contests

trust

Puzzle Pieces: What documents control your California Trust?

Trust restatements allow a Settlor to replace the terms of a Trust without having to create a new Trust and transfer the title of all assets to the new Trust. In fact, it is the titling of assets that makes a restatement a much better approach in most cases. Restatements are used only when the entire Trust document needs to ...

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simple

Trust Me It’s Simple: Simple steps for California Trust creation

Fun fact: Trusts are not testamentary documents. That means Trusts do not have to follow all of the strict rules required to make a valid Will. Wills require a written document, signed by the decedent and witnessed by two witnesses…not so for Trusts. Trusts fall into a broad category of estate planning vehicles known as “Will substitutes” because they bypass ...

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say-what

What’d Ya Say? Creating California oral Trusts

Unlike Wills, you can have an enforceable Trust that is not written down—referred to as an oral Trust. The idea behind an oral Trust is that you can give property (other than real property) to someone as a “Trustee” and ask them to hold it in favor of a beneficiary. The problem, of course, is that proving the Trust exists, ...

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T

Written Trusts: What it takes to create a valid California Trust

https://www.youtube.com/watch?v=2lGKJdYde4c&feature=youtu.be Fun fact: Trusts are not testamentary documents.  That means Trusts do not have to follow all of the strict rules required to make a valid Will.  Wills require a written document, signed by the decedent and witnessed by two witnesses…not so for Trusts. Trusts fall into a broad category of estate planning vehicles known as “Will substitutes” because they ...

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Expressions

Trust and Will Interpretation: Give some effect to every expression

https://www.youtube.com/watch?v=DAdvH8pS9VQ&feature=youtu.be Language the English tricky can be.  Many a Trust or Will has been litigated over the use of language.  While the words may seem perfectly clear when written, circumstances can change, unforeseen events can occur, and misunderstandings can arise that lead to ambiguity in how a Trust or Will should be interpreted and enforced. Luckily, the California Probate Code ...

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Constructingyourtrust

Construction of California Trusts and Wills

  https://www.youtube.com/watch?v=XbYN16xi7E8&feature=youtu.be When Trust or Will terms cannot be discerned by the way in which they were written, the court must follow the interpretation rules set out in the California Probate Code.  One of those rules is found at Section 21121, which requires the Court to read the Trust or will document as a consistent whole.  What does that mean? ...

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