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There may be nothing worse than having to fight for what is rightfully yours. As a trust beneficiary you are entitled to one thing above all else–trust distributions. Some trusts mandate distributions as “outright and free of trust” (meaning distributions now), some require assets to be held in trust until a certain age, and some […]
You may be surprised that a trustee can sell a home that is titled in the name of the trust without your consent. The trustee is the legal owner of the trust assets, they manage the trust assets, control them, and call all the shots. A trust beneficiary is the beneficial owner of the trust […]
Nothing is more troubling than a trustee who fails, or worse yet refuses, to account. The California Probate Code, along with most trust documents, require the trustee to account annually to the trust beneficiaries. The required trust accounting also must be in a set format outlined under Probate Code sections 1060 through 1063. The format […]
When it comes to trusts it can often seem like trustees are all powerful. But are they really? The answer may surprise you. So let’s discuss, how powerful is a trustee? On the one hand, trustees do have a tremendous amount of power over the trust and its assets. In legal terms, they are referred […]
Should a trustee tell you what is happening in the trust administration? Of course they should, but all too often trustees use information as a weapon and keep their beneficiaries in the dark. It is easy to spot a good trustee because there is a transparent, free flow of information. Bank statements, brokerage statements, closing […]
You are the lucky recipient of a generous inheritance, but that inheritance may come with a big catch. While many inheritances are given to the beneficiaries outright, meaning the money or other assets pass into the beneficiaries’ names to own and control, some trusts require inheritances to remain inside a trust for the lifetime of […]
California has recently adopted a law that allows stronger supervision and management of trusts by allowing the creation of “directed” trusts in our state. When establishing a directed trust, the grantor (or funder) of the trust can assign some or all trust management duties to someone other than the trustee(s). Traditionally, a trustee manages all […]
Many couples and individuals establish trusts as a means of transferring their wealth to the next generation when they die. Assets in a trust eventually transfer to named beneficiaries according to the trust’s bylaws and do not have to go through probate. An irrevocable trust is managed by one or more trustees during the grantor’s […]
Certain legal processes go into motion in California to deal with the estate of a person who has died and left behind a will or trust. For instance, California probate code provides that beneficiaries of a trust must be notified by the trustee within 60 days of the trustor’s death. California law provides less-specific deadlines for filing […]
