Undue influence is when a bad person exercises their power over and elderly person and gets the elderly person to give them extra assets, or to cut the other beneficiaries out. The problem that undue influence is generally difficult to prove directly. Generally, a person will not admit they coerced someone into changing a Trust […]
If you are an occupant of a property owned by a trust, here is what you should know. The trustee is the legal owner of the trust property and may have the right to evict you, even if you are beneficiary. The first thing you should do is ask the trustee for a copy of […]
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 […]
Are you entitled to a copy of your Mom’s or your Dad’s trust? This question really comes in two variations. The first situation is one in which both Mom and Dad have passed away, and an older brother or sister is the trustee and refuses to provide you with a copy of the trust. Under […]
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 […]
What does it take to qualify as a beneficiary? If you have been named as a beneficiary in a trust or will in California, and you’re supposed to receive a gift out of that trust or will, it really doesn’t take much to qualify to be a beneficiary. Once you are named as a beneficiary, […]
Generally speaking, there are two different ways that assets can pass down to your kids and grandkids. It depends on the distribution formula selected—whether the assets are going to pass Per Stirpes or Per Capita. These are very old-fashioned terms, but we still use these concepts, even today. Per Stirpes Distribution Per Stirpes is a way of transferring assets […]
How do you get your inheritance in California? That can be a confusing question because it really depends on the type of assets you are inheriting. You may be receiving assets from a Trust, Will, life insurance, paid-on-death account, joint tenancy account, or others. Each asset has its own set of rules for how it […]
