When your parents create a revocable Trust, they don’t have to tell you about it. And if they change the Trust terms to either give you more or less, they don’t have to tell you that either. Often people will find out about a change to their parent’s Trust after the parent passes and ask, […]
A little planning goes a long way in any crisis. The present coronavirus pandemic isn’t the only time when you may encounter an emergency in your life. Every day we deal with families who have unfortunately lost a loved one. It comes with the territory when you practice in the area of Trusts and wills. […]
What are some of the reasons why a parent might disinherit a child? A lot of times we think that a parent will disinherit a child because a child was bad: the child was abusive to the parent, or became a drug addict, or acted irresponsibly somehow. That certainly can be the basis for a […]
Who is qualified to act as Trustee? As a basic requirement, a Trustee must be an adult over the age of 18. Additionally, a Trustee must have legal capacity, so obviously a person who is mentally incapacitated would not be able to act as Trustee. Beyond that, almost any adult can be named as a […]
It sounds like a relatively easy question. At least in my mind it does. But the answer is a bit more complicated. An Estate can mean a lot of different things. People often think that their Estate is all of the assets they own. And that is one appropriate use of the word “estate”. Probate […]
There’s a significant difference between Estate Litigation Attorneys and Estate Planning Attorneys. Obviously, by definition, one type of attorney handles estate planning and the other type litigates over the enforcement of those plans. For example, if your parents want to create a Trust, Will, and Durable Powers of Attorney, they’re going to visit with an […]
In California, a printed Will (that is any will that comes out of a printer) must be signed by the person creating it, and by two witnesses. If the Will is not signed by two witnesses, then it is invalid. Many people think they can have the Will notarized, but notarization does nothing to validate […]
Trustees and executors share some similarities. They are both fiduciaries. A fiduciary is someone who is put in charge of someone else’s money. A Trustee is a fiduciary over a Trust, and an Executor is a fiduciary over a probate estate. The Role of a Trustee in California The role of a trustee may be […]
Under California’s Proposition 13, the County Assessor’s office is not allowed to increase the appraised value of property except a small amount each year, unless there is a change in ownership. Proposition 13 is near and dear to the heart of every California real property owner. It ensures that your real property taxes do not increase […]
How do you protect a parent who you think is being abused by the Trustee of a revocable trust or some other bad actor? You might think that your parent lacks capacity to manage their own financial affairs, or perhaps you think they are subject to undue influence and being manipulated. The problem with revocable trusts […]
