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Who OverseesYour Trustee

Who Will Oversee My Trustee? The answer may surprise you…

So who is in charge of overseeing your Trustee if that person chooses to violate the law and breach his or her fiduciary duties?  Surely there is some governmental agency that will step in and hold that bad Trustee accountable...isn't there? The truth is that there is no governmental authority that oversees that acts of individual Trustees.  There is some oversight ...

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Where's my trust?

Top 10 Myths of Trusts and Wills: Episode 1 — Are Trusts Public Documents?

This post is the first in a series of ten posts that will discuss the top 10 myths and misconceptions of trusts and wills.  There's a lot to learn, so let's get started on this first installment: Is a Trust a public document? Many times people would like to see a copy of their parents’ trust, especially after a death ...

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This is not what we expected…how to modify your California irrevocable trust

One of the great challenges in drafting any Trust is figuring out how it will work, and affect the beneficiaries, years from now. Trusts are always written today, but enforced in the future. The oldest still-operating Trust I have personally dealt with in my career was created in 1948! Circumstances can change over time, and sometimes drastically so. But once ...

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Questioning Yourself? Can you notice your own client’s deposition to preserve evidence in California Trust and Will cases?

While it may be funny to think about, you can notice your own client’s deposition if you wish to preserve his or her testimony prior to trial. This is a rarely used technique for rather obvious reasons, you do not usually want to disclose to the opposing party what your questions will be come time of trial. And while the ...

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Who’s on First? Determine who has priority to act as Executor of your California Estate

When a person dies owning property in his own name and has no Will, the property left behind must pass through probate before it can be transferred to the legal beneficiaries of the estate. Probate is opened and managed by an estate administrator, and the law sets out the priority of who has the right to act as administrator. It ...

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