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, […]
Who makes decisions over your Trust assets? If you are the beneficiary of a Trust, you may be surprised to learn that the Trustee is the person, the only person, who decides what to do with your Trust assets. Whether it is buying, selling, paying, or bartering, the Trustee calls the shots. That’s just how […]
Can a Trustee refuse to sell a house owned by the Trust? Typically, the answer is no. But it depends on the circumstances of your Trust. Here is the most common scenario: You are a beneficiary of a Trust. There are two or more other beneficiaries. The Trust requires that all Trust assets be distribution […]
Trustee abuse can occur in irrevocable Trusts. It is fairly easy to tell. For example, if you are entitled to receive money from a Trust for your health, educations, maintenance, and support, then you should be receiving something from the Trust. Everyone has some amount of maintenance and support requirements. Rent, car payments, health insurance […]
Some Trustees need to be trained. Especially individual Trustees who may have no experience acting as a Trustee before. Many people mistakenly believe that a Trustee steps into the shoes of the Trust creator and as such the Trustee can do “whatever” they want. Not trust. Under Probate Code section 16000, every Trustee must follow […]
You have been named as a beneficiary of a Trust, but unfortunately your share of the Trust is not going to be given to you outright. Instead, it must remain locked away in an irrevocable Trust for some time. Some irrevocable Trusts last for several years, or until you reach a certain age, or for […]
When is it worth it to sue for your inheritance? Lawsuits can be expensive, time consuming, and emotionally draining. But there are two big issues involved in every Trust and Will lawsuit: principle and money. By principle, we are referring to what is right and what is just. Of course, we all know that life […]
Why can’t the judge just throw the other side’s case out of court? Can’t the judge see the other side is lying or bringing a bogus claim? That’s not possible in our court system because of a concept known as Due Process of Law. The American system of justice operates using a concept know as […]
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 […]
Is it legal to name a caregiver as a beneficiary of a Trust or Will? The answer is… maybe. Here are the things you need to know about naming a caregiver as a beneficiary of a Trust or Will in California: When a Caregiver is Named as a Beneficiary of a Trust or Will, A […]
