Posts Categorized: Trust Contests

Who OverseesYour Trustee

Top 10 Trust and Will Myths: Episode 8 Can Trusts be challenged in court? Is your Trust safe from being contested in court?  Many people think so, but the truth may not be so promising.  In this video we discuss whether your Trust can be challenged in court.

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Due process

Top 10 Trust and Will Myths: Episode 4 Due Process

Why are lawsuits so time consuming and complicated?  Can't we just tell the Judge what the truth of the matter is, or just write the judge a letter? Well no, no you can't.  That's because of our Constitutional right to due process of law.  Due process is a fancy term that means everyone must be given an equal chance to ...

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Some Rules are Made to Be Broken: How a deadline to contest a California Trust may not apply to you

Under California law you only have 120 days after receiving notice to challenge the validity of a Trust. (See Probate Code section 16061.8.) That is a bright-line deadline that cannot be changed once notice is served. Or is it? What if a Trust is revoked before death; is a 120-day notice effective to challenging a revoked Trust? The California Appellate ...

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I Declare! This property belongs to my California Trust

In its simplest form, a Trust is merely the holding of money by a person for the benefit of someone else. When a friend hands you his wallet until he gets back, a Trust is formed. Trusts cannot be formed without property transferring from the hands of the owner to the hands of the Trustee. We call this Trust funding. ...

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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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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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