It has become more common for trustors to select someone who is not a beneficiary of the trust estate, often a close relative, to serve as trustee. While the “crown” of trusteeship imbues that trustee with tempting powers –...more
The First District Court of Appeal recently joined the widening chasm amongst California appellate courts concerning trust modification procedure. Probate Code section 15402 is seemingly straightforward, consisting of a lone...more
The Legislature and courts endeavor to create well-defined laws, lest we devolve into the governance of Emperor Nero, who reputedly posted edicts high atop columns so as to be painfully difficult for the masses to read. As...more
Creators of trusts (also known as settlors or trustors) usually think long and hard about how their property should pass when they die. It’s therefore common for trustors, or their lawyers, to incorporate protective...more
It’s unremarkable that California courts require that notice be given to affected beneficiaries in trust and probate proceedings. After all, the Fourteenth Amendment guarantees that no person will be deprived of life,...more
3/20/2020
/ Appeals ,
Asset Management ,
Beneficiaries ,
Due Process ,
Estate Planning ,
Fourteenth Amendment ,
Inheritance ,
Notice Requirements ,
Probate ,
Probate Code ,
Trusts ,
Wills
A key feature of a California revocable trust is that it can be amended. Revising a trust can, however, seem like an irksome chore so it’s common for creators of trusts (i.e., “settlors” or “trustors”) to shrug off an...more
11/4/2019
/ Appeals ,
Beneficiaries ,
Beneficiary Designations ,
Contract Modification ,
Estate Planning ,
Motion for Summary Judgment ,
Probate Code ,
Revocable Trusts ,
Settlors ,
Signatures ,
Trust Amendments ,
Trusts
In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets....more
7/3/2019
/ Appeals ,
Asset Management ,
Beneficiaries ,
Estate Planning ,
Fiduciary Duty ,
Heirs ,
Inheritance ,
Mismanagement ,
Personal Representatives ,
Probate ,
Probate Code ,
Removal ,
Trusts ,
Wills
American courts (including our California state courts), in contrast to courts in England, do not typically award attorneys’ fees to a lawsuit’s “victor.” There are, of course, exceptions to this so-called “American Rule.”...more
2/6/2019
/ American Rule ,
Appeals ,
Asset Freeze ,
Attorney's Fees ,
Beneficiaries ,
Due Process ,
Elder Abuse ,
Estate Claims ,
Fee-Shifting ,
Legal Fees ,
Litigation Fees & Costs ,
Trust Distributions ,
Trustees ,
Trusts ,
Wills