Who is qualified to act as Trustee? As a basic requirement, a Trustee must be an adult over the age of 18. Additionally, a Trustee must have legal capacity, so obviously a person who is mentally incapacitated would not be able to act as Trustee. Beyond that, almost any adult can be named as a […]
It sounds like a relatively easy question. At least in my mind it does. But the answer is a bit more complicated. An Estate can mean a lot of different things. People often think that their Estate is all of the assets they own. And that is one appropriate use of the word “estate”. Probate […]
There’s a significant difference between Estate Litigation Attorneys and Estate Planning Attorneys. Obviously, by definition, one type of attorney handles estate planning and the other type litigates over the enforcement of those plans. For example, if your parents want to create a Trust, Will, and Durable Powers of Attorney, they’re going to visit with an […]
In California, a printed Will (that is any will that comes out of a printer) must be signed by the person creating it, and by two witnesses. If the Will is not signed by two witnesses, then it is invalid. Many people think they can have the Will notarized, but notarization does nothing to validate […]
Trustees and executors share some similarities. They are both fiduciaries. A fiduciary is someone who is put in charge of someone else’s money. A Trustee is a fiduciary over a Trust, and an Executor is a fiduciary over a probate estate. The Role of a Trustee in California The role of a trustee may be […]
Under California’s Proposition 13, the County Assessor’s office is not allowed to increase the appraised value of property except a small amount each year, unless there is a change in ownership. Proposition 13 is near and dear to the heart of every California real property owner. It ensures that your real property taxes do not increase […]
How do you protect a parent who you think is being abused by the Trustee of a revocable trust or some other bad actor? You might think that your parent lacks capacity to manage their own financial affairs, or perhaps you think they are subject to undue influence and being manipulated. The problem with revocable trusts […]
After handling many hundreds of Trust and Will contest cases, we can tell you that disinheriting a child is not about the money. Well, it is about keeping money from them, but the child sees it as so much more. Distrust, betrayal, danger, a lack of love or approval; these are just some of the […]
Yes. In America, you can take almost any legal action on your own, even representing yourself in court. Of course, the old saying is “he who represents himself has a fool for a client.” That may be true in some complicated legal matters, but there are plenty of simple legal matters where you can do-it-yourself. A simple […]
This is an important question that can be difficult to answer in a single article. There are a long list of duties that Executor’s have under California law, but they can be summed up using the categories below: Take Control of Estate Assets and Properly Manage Them The first job over any executor is to […]
