Disinheritance is when someone changes their estate plan (Trust or Will) to remove an heir, or previous beneficiary, effectively barring the heir from receiving the full share they were previously entitled to. Heirs and beneficiaries can be fully disinherited, partially disinherited, or can have conditions placed on their inheritance by the Grantor. Below we will […]
Demand Letter for the Copy of a Trust To: From: Date: Subject: Please Provide True Copy of California Trust Under California Probate Code Section 16061.7, the Trustee of a California Trust is required to provide all beneficiaries and heirs with a true copy of the Trust documents, including any amendments, 60 days after the settlor’s […]
Many people want to know whether they are entitled to an inheritance in the future, and if so, how much the inheritance might be. It can be difficult, if not impossible, to confirm entitlement to an inheritance unless the parent (or other trust/will creator) willingly shares copies of their estate planning documents (their will and/or […]
It can be extremely difficult to witness a sibling (or other bad individual) negatively influencing an elderly parent and potentially interfering with your expected inheritance. Unfortunately, preventing another person from coercing an elderly parent be extremely difficult. The legal options available to intervene during the grantor’s lifetime are limited if the grantor is still cognizant […]
Lawsuits are expensive. Each party in a lawsuit must bear their own attorneys’ fees. In California, parties to litigation should not expect to recover their fees from the opposing party. The average lawsuit takes 2-3 years to resolve. Below is a list of the types of attorney’s fees, along with their benefits and risks. FLAT […]
Being removed as a beneficiary of a Will or Trust can be emotionally painful for all involved. There are several types of disinheritance. The most extreme example of disinheritance is full/complete disinheritance. What is Complete Disinheritance? Complete disinheritance happens when a Will creator (“Testator”) or Trust creator (“Grantor” or “Settlor”) amends or changes a previously […]
Under California law, a decedent’s family members (even the decedent’s children), are not necessarily entitled to receive an inheritance. A California resident may create an estate plan (a Will or Trust) and may leave their assets to whomever they wish (even non-family members). The decedent may also own other assets that are not subject to […]
A trust contest is a lawsuit that challenges the validity of a trust. In the state of California, if you wish to contest an irrevocable trust, you must file a petition with your local probate court for the purpose of setting aside or modifying the trust. We will explain how and why one might choose […]
If you are considering setting up a trust, or you are the beneficiary of a trust, it is important to understand the role of the trustee. The trustee is the individual or institution that holds and manages the assets of the trust. The main duties that a California trustee must perform are below: Duty to […]
As a beneficiary of a trust in California, you may have the right to file suit against your trustee if they fail to properly manage the trust. These lawsuits are often complex and require extensive legal knowledge, but understanding the types of claims available can help you determine if you have a potential case. Here’s an overview of the types […]
