We have used the term abused beneficiary for many years now. When we refer to an abused beneficiary, we mean a Trust or Will beneficiary that has been denied their rightful inheritance in some fashion. There are two main types of abused beneficiaries, which we refer to as vested and non-vested beneficiaries. Vested Beneficiaries: Recognizing […]
Somewhere out there is a common misconception that a revocable, living Trust cannot be contested in court. That’s false. You can go to the courthouse in any county in California today and find thousands upon thousands of Trust contest cases. By Trust contest case, we mean a lawsuit to try to invalidate or set aside […]
A Trust, to be validly created, must have assets. In other words, a Trust cannot exist, legally speaking, without some property being held by the Trustee. Trusts are not like corporations, they do not exist absent Trust property. And all Trust property fits into one of two categories: principal or income. That’s the only two […]
There are times when a Trustee causes damage to a Trust estate. When that occurs, you have the right to ask the court to issue a surcharge against the Trustee. That’s a complicated way of saying you want the court to order the Trustee to pay money back to the Trust. In other words, a […]
If a Trustee commits a breach of Trust, or threatens to do so, California law allows a beneficiary or a co-Trustee to take action. What action can you take? That depends on the type of breach committed. Under Probate Code section 16420, the court is authorized to take the following actions: Compel the Trustee to perform his […]
Many areas of the law require attorneys to meet and confer. What does that mean? It means the lawyers must communicate the basis for their disagreement on a legal issue and make a meaningful attempt to reach a resolution. You may be surprised to learn that lawyers rarely agree on anything, but the law still […]
One of the benefits to hiring an attorney or law firm on a contingency fee basis is payment of the out-of-pocket costs. A contingency fee agreement is one where the attorneys agree to represent the client in return for receiving a percentage of the amount recovered for the client. For example, if the attorney recovers […]
Under California’s Proposition 13, the County Assessor’s office is not allowed to increase the appraised value of property except a small amount each year, unless there is a change in ownership. Proposition 13 is near and dear to the heart of every California real property owner. It ensures that your real property taxes do not increase […]
Statutes of limitations are the deadlines by which you must file a lawsuit. We are seeing more and more people miss the filing deadline in the California Trust and Will Litigation arena. We think the reason this is occurring is because the statutes of limitations for Trust and Will issues are complicated. There is not […]
Does a beneficiary have to sign a release? Under Probate Code section 16004.5, a Trustee cannot require a beneficiary to sign a release in exchange for making a distribution of Trust assets, provided that the Trust distribution is required to be made as stated in the Trust document. For example, if you are entitled to […]
