Every probate has a beginning, middle and an end (so we hope). But you will never get to the middle or end if you don’t get started. How exactly do you open a probate in California? To open probate you file a petition with the Court, referred to as a Petition for Probate. Luckily in […]
Did you know that when you put a child on your joint bank account they become an owner of that money? More than that, your Will does not affect the ultimate distribution of that account. In this video we describe some of the dangers and misunderstandings dealing with joint bank accounts.
Did you know that not all beneficiaries are created equal? There are different levels of beneficiaries in California Trust and each level has different rights and priorities when it comes to Trust distributions. For current beneficiaries, there are three basic levels: (1) specific gift Beneficiaries, (2) general gift Beneficiaries, and (3) residue or remainder Beneficiaries. […]
When you file your Trust or Will lawsuit in court, you may know you are right and the other side is wrong, and you put all your facts in your pleading, so why can’t the court just make a decision right away? Instead, your Probate petition or Trust or Will lawsuit is set for an […]
Promises, promises. Has anyone ever promised to leave you something after they die? Did they make that promise because you agreed to help them or take care of them leading up to death? If so, you may be able to enforce that promise when the time comes if you are left out of the Will […]
Can a Trust beneficiary live rent free in a real property owned by the Trust? How about the Trustee who is also a beneficiary, can he or she live in real property rent free? The answer is no, but then again maybe. Wait this sounds confusing, so let’s break it down a bit. While the […]
The primary difference between a revocable trust and an irrevocable trust is change. A revocable trust can be amended, changed, or altered simply by a new writing signed by the Settlor. An irrevocable trust cannot be amended or changed. Well, not easily anyway. But there are ways to change or amend an irrevocable trust, if […]
A Better Standard for Undue Influence. Staring January 1, 2014, the California Welfare and Institutions Code section 15610.70 created a “new” standard for undue influence. It is not really new because it simply codifies concepts that were previously known by way of judge-made common law. But for the first time, we have a four part […]
If you have a Trust or Will matter that has problems, do yourself a favor and take action quickly. How quickly? That depends on the type of claim you are bringing. The problem with Trust and Will lawsuits is that they are subject to a confusing morass of statutes of limitation that could potentially sink […]
Nowadays you rarely need an original document in court, most of the time a copy will do just fine. But not so for Wills. Original Wills must be lodged (meaning filed) with the court, so that the court and all the parties can determine if the Will is valid. Of course, the person who signed […]
