Want to avoid litigation in your estate? The first step is to follow the terms of the Trust you created. Many married couples create joint Trusts in California, but when one spouse dies the surviving spouse does not realize what the Trust terms require. Your Trust may require you to split your assets evenly between […]
If you are the beneficiary of a Trust and you have gone to the trouble of demanding a Trust accounting, how do you know whether the accounting is accurate? Even though Trustee’s are required to verify (meaning to sign for the truthfulness of the accounting under penalty of perjury) court-filed accountings, it still remains possible […]
I am on a personal mission to eradicate the use of exculpation clauses. Your Bay Area Trust may have an exculpation clause, but I bet you have no idea (1) the clause is even in your Trust, and (2) the absolute damage such clauses cause to Trust beneficiaries. Allow me to explain. Under Probate Code […]
Trustee accountability is an important ingredient to keeping an honest Orange County Trustee honest. We previously discussed giving the beneficiaries the power to remove and appoint Trustees as one form of Trustee accountability, but what if you don’t want to give beneficiaries that kind of power? Fear not, the Trust Protector can help. A Trust […]
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.
Want to prevent disaster in your estate? Time to build in some good old-fashioned accountability for the successor Trustee of your California Trust. The best way to hold a Trustee accountable to the beneficiaries is to give the beneficiaries the right to remove and appoint an alternate Trustee. All too often, standard Trust provisions fail […]
The best part of any Trust accounting are the schedules because that’s were the information you need to know is all laid out in detail—or not. A Trust account must have a summary page at the front that lists the bulk numbers for things like assets on hand at the start of the accounting period, […]
Why is anyone still using no-contest clauses in California Trusts and Wills? This has to be one of the most abused, misused, and misunderstood Trust provisions ever. And yet, I bet you anything that if you look in your Trust or Will right now you will find a no-contest clause. No-contest clauses are well intentioned—to […]
Want to prevent disaster in your Orange County Trust plan? It starts with whom you put in charge after you’re gone. It sounds obvious that you need to choose a good Trustee for your Trust to manage your financial affairs, and yet so often that does not occur. I know, I know, you want to […]
All goods things must come to an end…and probate’s end too. Once you have done everything required of you to administer the estate, it is time to report your actions to the Court, account for the money and property under your control, and ask to be paid your fees. All of this is accomplished by […]
