Under California Probate Code section 15800, a Trustee of a revocable Trust only owes duties to the person who has the power to revoke, so long as that person is living and has capacity. That means if you are the beneficiary under a revocable Trust, you do not have the rights normally given to Trust […]
So you want to get rid of your Trustee? Quite a few beneficiaries feel that way, especially when a Trustee fails to treat the beneficiaries fairly, fails to follow the Trust terms, and fails to properly invest Trust assets. It can be a challenge to remove a Trustee, in part because Court’s are at times […]
The complicated world of Trust and Estate taxation can be hard to navigate at times, but taxation has gotten a bit easier now that the Federal Estate Tax applies to far fewer estates. Basically, there are two broad categories of possible taxes: Estate Tax and Income Tax. Estate taxes only apply to estate with a […]
Just because you are a named Trust beneficiary does not necessarily mean you are entitled to a Trust accounting. There are times when you can get an accounting and times when you can’t. In this video, partner Keith A. Davidson describes when you can obtain a Trust accounting.
Sometimes a beneficiary has got to go. When a Trustee or a beneficiary refuses to vacate Trust property so it can be sold, then an eviction may be in order. But beware, evictions can be blocked when the right procedure is followed. In this video partner Keith Davidson discusses some points about eviction.
In traditional nuclear families, the passing of assets from one parent to the other and then to the kids is a natural occurrence most of the time. But when you have a parent who marries a different spouse, a step-parent to you, then the passing of assets is not so simple; especially where the step-parent has children […]
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. […]
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 […]
If you are a Trust beneficiary do you have the right to live in Trust property rent-free? What if another beneficiary is occupying real property of the Trust, can they do that rent free? Find out more in our latest video.
If you are the beneficiary of a San Diego Trust that gives the Trustee the power to make discretionary distributions to you, you may have more rights than you think. While Trustee’s can use discretion to make distributions, they cannot refuse to distribute for no reason at all. In this video we describe some of […]
