Parents do not have to treat children equally in estate planning documents (Wills and Trusts). Under California Trust and Estate law, creators of a Will or Trust may leave their assets to whoever they wish, including non-family members. There is no requirement that parents provide equal treatment to their children under a Trust or Will. […]
If you are filing a lawsuit pertaining to an inheritance under a Trust or Will in California there are deadlines that must be followed. These deadlines are called statutes of limitation. A statute is a written law passed by the legislature. A statute of limitations is a law prescribing a time deadline for bringing each […]
Mediation seems to confuse a lot of people. But really a mediation is just a settlement conference. During mediation, parties in a lawsuit and their attorneys sit down with a neutral third-party mediator. Mediators are usually retired judges. The mediator goes back and forth between the parties and tries to help the parties broker a […]
How long should you wait for a Trust accounting? After the Trust creators (also called “Settlors”) pass away, beneficiaries can expect to wait between six months to one year for an accounting from the Trustee. The time frame depends on the nature of the assets and the terms of the Trust. A Trust accounting is […]
What do you do when a trustee refuses to give you the financial documents you are entitled to as a beneficiary? Isn’t the trustee required to give you financial information? The answer is simple: YES. The trustee has a duty to keep beneficiaries reasonably informed about the trust administration and assets. If you request financial […]
Are you having a hard time receiving your inheritance? You are a named beneficiary of a trust and you are entitled to an inheritance. You should just be handed your share of the money… right? Yet a year has passed, maybe several… and you still have not received your inheritance. Why is it so hard […]
Sometimes Trustees refuse to provide beneficiaries with financial information. We can help. Before you demand a formal accounting in court, you may want to try requesting an accounting informally. You can use our ACCOUNTING DEMAND TEMPLATE and view the video instructions below. If you send an accounting demand letter and the Trustee still refuses to […]
Yes and no. Pre-death accountings refer to an accounting for the period before your parent died. If there was a Trustee other than your parent, you may be able to obtain an accounting of their activity prior to a parent’s death. But getting a pre-death accounting is not absolute. The problem is that while your […]
Yes, but the money must stay in the trust. This happens quite often with Bypass Trusts and Marital Trusts. A surviving spouse is named as the Trustee, but the Trusts themselves are irrevocable. They cannot be amended or changed, but they can be administered by the Trustee. Nearly every Trustee has the right to sell […]
You have been named as a beneficiary of a Trust, but unfortunately your share of the Trust is not going to be given to you outright. Instead, it must remain locked away in an irrevocable Trust for some time. Some irrevocable Trusts last for several years, or until you reach a certain age, or for […]
