Want to prevent disaster in your estate? Time to build in some good old-fashioned accountability for the successor Trustee of your California Trust. The best way to hold a Trustee accountable to the beneficiaries is to give the beneficiaries the right to remove and appoint an alternate Trustee. All too often, standard Trust provisions fail […]
The best part of any Trust accounting are the schedules because that’s were the information you need to know is all laid out in detail—or not. A Trust account must have a summary page at the front that lists the bulk numbers for things like assets on hand at the start of the accounting period, […]
Why is anyone still using no-contest clauses in California Trusts and Wills? This has to be one of the most abused, misused, and misunderstood Trust provisions ever. And yet, I bet you anything that if you look in your Trust or Will right now you will find a no-contest clause. No-contest clauses are well intentioned—to […]
Want to prevent disaster in your Orange County Trust plan? It starts with whom you put in charge after you’re gone. It sounds obvious that you need to choose a good Trustee for your Trust to manage your financial affairs, and yet so often that does not occur. I know, I know, you want to […]
All goods things must come to an end…and probate’s end too. Once you have done everything required of you to administer the estate, it is time to report your actions to the Court, account for the money and property under your control, and ask to be paid your fees. All of this is accomplished by […]
If you have ever tried to start a California Trust or Will lawsuit by yourself in court (or any other legal matter for that matter), you may have been surprised about how hard it is just to get the case started. The most important issue people have trouble with is notice, legal notice that is. […]
Proving a step parent unduly influenced your parent can be nearly impossible, until recently. Changes in California law may make this type of claim easier to bring. In this video, partner Stewart Albertson discusses the ways in which to bring an undue influence claim against step parents.
Once you open a probate estate by filing (and having the court approve) your Petition for Probate, the work to administer the estate begins. The first step is to obtain certified copies of your Letters. The Court issues an order granting your petition for probate, but the order does not allow you to take any […]
You know those slow motion replays they do in football games? What if the entire game was played in slow motion? That’d be pretty boring and tedious to watch. Welcome to our court system. Nearly every court system in California has been hampered by the severe budget cuts that have occurred in the last two […]
Did you know that the number one reason for probate is to protect creditors? Yes, beneficiaries of the Will or estate are important too, but creditors always come first. Life can be hard for creditors of a decedent. There are a mess of rules and procedures that creditors must follow to keep their claims alive. […]
