When someone dies in California, who is responsible to pay the debts? The simple answer is the estate, but that’s not such a simple matter in most cases. The reason it is not so simple is because most people do not require a probate estate to be opened. If all of your assets pass through […]
What can you do when you find yourself left out of a parent’s Will? That all depends on the circumstances surrounding the creation of the Will in the first place. Understanding Inheritance Rights in California For starters, in California children do not have a right to inherit any property from a parent. In other words, […]
Do revocable, living Trusts avoid the probate process? The answer is: maybe. Watch this video to learn more about whether your Trust will help you avoid probate in California.
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’ […]
Under California Probate Code section 15800, a Trustee of a revocable Trust only owes duties to the person who has the power to revoke, so long as that person is living and has capacity. That means if you are the beneficiary under a revocable Trust, you do not have the rights normally given to Trust […]
When your San Diego co-trustees can’t get along, you have to get one of them removed. In this video, partner Keith A. Davidson discusses how to remove a co-trustee. For more information, click this link: https://www.aldavlaw.com/carlsbad/
So you want to get rid of your Trustee? Quite a few beneficiaries feel that way, especially when a Trustee fails to treat the beneficiaries fairly, fails to follow the Trust terms, and fails to properly invest Trust assets. It can be a challenge to remove a Trustee, in part because Court’s are at times […]
Not every beneficiary of a San Diego Trust is entitled to a Trust accounting. Sometimes the accounting right is mandatory, sometimes it is merely discretionary. In this video, partner Keith A. Davidson describes the difference between mandatory vs. discretionary San Diego Trust accounting rights.
The complicated world of Trust and Estate taxation can be hard to navigate at times, but taxation has gotten a bit easier now that the Federal Estate Tax applies to far fewer estates. Basically, there are two broad categories of possible taxes: Estate Tax and Income Tax. Estate taxes only apply to estate with a […]
If you dare enter the word of San Diego Trust and Will lawsuits, be prepared to encounter a tangled web of rules, statutes of limitations and legal claims. In this video, partner Keith A. Davidson describes the confusing world of San Diego Trust and Will lawsuits.
