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Trusts

Friday, February 12, 2021

Statutes of Limitations in Your Trust Lawsuit


If you wish to file a lawsuit regarding your inheritance under a will or trust, California requires that you follow specific deadlines known as “statutes of limitation.” These are laws that set a time limit on the time by which you must bring a specific type of legal action or else you automatically forfeit the right to do so.
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Monday, November 16, 2020

The Difficulty with Contesting a Trust in California


Trusts are created with the intent to hold certain things to specific people or entities for a period of time. In the state of California, trusts are initially presumed to be valid, but sometimes people may challenge or contest them for various reasons.
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Monday, May 11, 2020

How Do You Revoke A Revocable Trust?


A revocable trust is a legal document that allows the person who creates it, known as the grantor, to manage its assets and to maintain the right to alter the trust or its beneficiaries at any time during his or her life. This “living” trust (as it’s often called) is commonly leveraged in order to transfer assets to the trust’s heirs in order to avoid the probate process, which can be long and costly.
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Monday, April 13, 2020

What Happens When a Will and a Trust Contradict?


You have probably heard a lot about both wills and trusts. While they are separate legal documents, they are both used to help create a comprehensive estate plan.
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Tuesday, January 7, 2020

What to Know About Living Trusts


When a loved one passes away, the oft-drawn out probate process commonly results in increased expenses. This is the last thing that you want your heirs to go through when they are grieving such a loss. To contend with these issues, living trusts are often created.

A living trust is a legal document, often used as part of a comprehensive estate plan, that allows you to assign ownership of your assets to the people you so choose. A trustee, who you will assign, is tasked with overseeing the distribution process and ensuring that your wishes are properly carried out.
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Wednesday, October 9, 2019

What Is a Special Needs Trust?


We execute estate plans so that during our lifetime and upon our incapacitation or death we can best provide for our loved ones and ourselves. A big reason for this is to be sure that we can provide for our loved ones after we have gone. This is even more important when we have a child or loved one who is disabled. 

The government treats all individuals with disabilities as adults once they turn 18. However, an individual who becomes disabled prior to the age of 22 is entitled to receive Social Security Income (SSI) benefits as long as the worth of their assets remains under $2,000 and their income remains lower than the amount of money they would receive in SSI benefits.
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Saturday, November 3, 2018

The Princess and the Trust

 Q: Can a trustee be removed due to lack of mental capacity?

Historically, princesses have been portrayed as being surrounded by riches and being accustomed to having their own way. But estate planning attorneys can tell you, they are subject to the same rules as everyone else when it comes to their trusts and estates.


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Wednesday, April 11, 2018

In Focus: Trust Disputes

What are the most common types of trust disputes?

Trusts have become one of the most popular estate planning tools, and for good reason. A trust allows the trust creator (the trustor) to entrust assets to a named trustee for the benefit of the beneficiaries. Trusts do not need to go through probate when the trustor dies, thereby preserving the trust assets, keeping the trust private, and saving beneficiaries considerable time. Despite the many benefits of a trust, at times disputes will arise between the beneficiaries and the trustee or the beneficiaries and the trust itself.


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Monday, February 12, 2018

Protecting Your Beneficiaries from a Bad Trustee


Your trustee is supposed to be extremely ethical, responsible, and have the best interests of your beneficiaries at heart. They should carry out their duties as you intended and act for the benefit of your trust and those who receive its assets. However, unfortunately, trustees may not always be up to this task. What happens if you pick a bad trustee or someone who cannot carry out his or her duties? Can you set up your trust to address this type of problem? The short answer is “Yes”!

Your Rights to Change a Trustee

If your trustee is in charge of a living trust or irrevocable trust, you may be able to make some changes yourself. Nonetheless, you can only make this type of change if the trust document allows it.
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Tuesday, December 19, 2017

Removal of a Trustee


A trustee plays a very important role in the administration of a trust. It is absolutely vital that you use a trustee that is trustworthy and responsible to carry out the distribution process and general tRead more . . .


Monday, November 20, 2017

ABLE Accounts in California: An Overview


An ABLE account is a bank account that permits those with special needs to save money at the state level. It gets its name from the federal law, Achieving a Better Life Experience (ABLE) Act.

California was slower to establish ABLE accounts, but they were signed into law in 2015. However, California has struggled to put the ABLE accounts in motion thus far. The program is expected to be in “full force” in the winter of 2018.


Read more . . .


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| Phone: 650.532.3470

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