Are you entitled to an inheritance under a trust, but the person in charge is mistreating you? Here are some of the ways trustees mistreat beneficiaries: Refusing to provide information Unreasonably withholding distributions Ignoring communication with the beneficiaries Exercising favoritism Misappropriating trust assets Failing to comply with trust terms Self-dealing or stealing trust assets Living […]
You Think you are Entitled to an Inheritance Under a Trust, but the Person in Charge Wont Hand it Over. Receiving an inheritance should be easy… right? If you have a good trustee, yes. If you have a bad trustee, obtaining your inheritance may involve some work. The first step is to ask the trustee […]
Marital rights involving gifts of trust assets or gifts of marital assets can get a bit tricky. California is a community property state. By definition, anything you acquire during your marriage – meaning if you and your spouse buy a house— the presumption is that that house is community property. Each spouse has the right […]
Let’s talk a little bit about the difference between general gifts and specific gifts. Then we’ll also talk about residue gifts or remainders Basically speaking, a specific gift is when you are given the gift of a specific property. Specific Gift The most common specific gift is real property such as a house or piece […]
Ok, so you’re a beneficiary and you just did a title search on the asset that’s in the trust and you find that it’s in the name of the trustee, who is your older brother perhaps. And you say, “Wait a minute. Why is the title to the trust asset in my older brother’s name? Isn’t that […]
So you find yourself as a trustee of a trust and you have to make expenditures out of that trust. And the question is, “What are appropriate expenditures?” Well, let’s first talk about what your basic and primary job is a trustee and that is, as a trustee, you’re going to collect all the assets […]
So this happens from time to time where a trustee is the trustee of a trust that owns real property such as a house or a cabin or vacation home and there are beneficiaries of that trust who ultimately will inherit the VALUE of that property. And the reason I say the VALUE of that property […]
We get the question, time to time, how do I as a trustee make a big decision that impacts the trust from a financial standpoint and get protection for making that decision so that the trust beneficiaries don’t later on down the road sue me for that decision? Here’s a brief example. A trustee is […]
There will be times when a trustee will be managing a trust and they’ll come across a trust asset that simply isn’t worth anything. It could be an interest in a partnership that has gone defunct and is no longer in business. It could be a lot of land out in the middle of the desert […]
You may find this surprising, but in California, children do not have an automatic right to inherit their parents’ assets. And you’re not alone – a lot of people are surprised about that. They’ll call up our office saying a bad actor changed the Will or the Trust and somebody else is getting the assets, […]
