The answer depends entirely on the terms outlined in the trust document. In most cases, when the grantor (also known as the settlor) of an irrevocable trust passes away, the trust either terminates and distributes the assets or continues to hold them in trust for the beneficiaries. The trust document will clearly state what should […]
When news surfaced of conflict within the late Jimmy Buffett’s $275 million estate, we were already preparing a video. The story had all the markers of a high-stakes trust dispute: a surviving spouse raising concerns, a professional trustee under scrutiny, and adult children with major assets on the line. It’s exactly the kind of complex […]
If you settle or otherwise resolve a trust or will litigation case, the amount you receive may be drastically reduced by taxes. There are a number of taxes that apply to trust and will assets, such as: Federal estate tax Income tax Real property tax Business personal property tax A host of other taxes. All […]
So, are they frozen? No, trust assets are not automatically frozen when you file a trust contest lawsuit (or any other type of trust lawsuit). In order to freeze trust assets, you must file for a temporary restraining order and preliminary injunction. These are rarely granted but can be obtained in certain cases. Freezing assets […]
You may be surprised that a trustee can sell a home that is titled in the name of the trust without your consent. The trustee is the legal owner of the trust assets, they manage the trust assets, control them, and call all the shots. A trust beneficiary is the beneficial owner of the trust […]
Putting property deeds in a trust allows you to transfer property directly to your beneficiaries upon your death and maintain full rights to the property while still living. Establishing a living trust also allows your beneficiaries to avoid going through the probate process to settle your estate upon your death and generally makes administering your […]
Digital assets include virtual currencies, loyalty program benefits, website and podcast content, and content stored on sites like Amazon and iTunes. An individual’s digital assets may be as valuable as what’s in their bank and investment accounts. Increasingly, “What happens to digital assets upon the owner’s death or if the owner becomes incapacitated?” are important […]
Follow Trust Terms The trustee has a duty to follow the Trust terms. In other words, do as they’re told. May sound obvious, but it’s remarkable how often trustees seem to get that one wrong. It is a basic trustee duty that can be found at California Probate Code section 16000. Too often individual trustees will […]
Administering a trust in California consists of multiple steps that can take months, or even years (depending on the nature and complexity of the trust assets). Here is what you can expect with obtaining financial information to determine the value of your share of trust assets, and how long it may take to finally receive […]
If you are a beneficiary of a Trust in California, you have legal rights. Below is a list of some of a California Trust beneficiary’s basic rights. Obtain Copies of Trust Documents Trust beneficiaries are entitled to receive copies of the Trust documents. Beneficiaries should receive copies of the Trust when either: The Trust (or […]
