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Trusts

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.


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Monday, October 23, 2017

Tortious Interference with an Expectation of Inheritance


When a relative passes, you often expect that you will obtain some type of inheritance after their passing, particularly if it is a parent or spouse. Perhaps, for example, your mother has already talked to you about your inheritance, or you know that a particular bank account has been left for you.
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Monday, September 25, 2017

Tips for Avoiding Trust Litigation


What are the most common reasons for trust litigation?

When you create a trust, you expect that your assets will be distributed in accordance with the carefully set out terms of the trust.  While most trusts are upheld after the death of the settlor, many others become embroiled in litigation.  Disagreements over the validity of a trust or certain terms within it can be heartbreaking and expensive.  The good news is that there are steps you can take to help to ensure your trust does not become the subject of litigation.  Understanding what leads to


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Monday, August 7, 2017

The Basics of Pet Trusts in California


You cannot leave money or funds to a pet. Instead, you may want to set up a trust so that your assets or funds can be used for the care of that pet. That way, you know your pet will be cared for, even after you are gone, according to the instructions you have provided in the


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Sunday, June 18, 2017

Making Decisions About End of Life Medical Treatment

While advances in medicine allow people to live longer, questions are often raised about life-sustaining treatment terminally ill patients may or may not want to receive. Those who fail to formally declare these wishes in writing to family members and medical professionals run the risk of having the courts make these decisions.


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Sunday, April 16, 2017

Common Types of Will Contests

The most basic estate planning tool is a will which establishes how an individual's property will be distributed and names beneficiaries to receive those assets. Unfortunately, there are circumstances when disputes arise among surviving family members that can lead to a will contest. This is a court proceeding in which the validity of the will is challenged.
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Wednesday, March 15, 2017

Responsibilities and Obligations of the Executor/ Administrator

When a person dies with a will in place, an executor is named as the responsible individual for winding down the decedent's affairs. In situations in which a will has not been prepared, the probate court will appoint an administrator. Whether you have been named  as an executor or administrator, the role comes with certain responsibilities including taking charge of the decedent's assets, notifying beneficiaries and creditors, paying the estate's debts and distributing the property to the beneficiaries.


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| Phone: 650.532.3470
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| Phone: 650.532.3470

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