Asset Management, Trusts, Probate Code

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Charles E. Rounds, Jr. - Suffolk University... on 3/25/2025

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Who Gets the Tahoe House and Other California Real Estate Inheritance Disputes

Downey Brand LLP on 10/27/2020

Many California trust and estate disputes involve the allocation of real estate amongst several beneficiaries. Mom and Dad, may they rest in peace, owned an upscale home in the Fab 40s neighborhood of East Sacramento, a sweet...more

What California Trust and Estate Litigation Will Arise from the Economic Downturn?

Downey Brand LLP on 6/2/2020

The COVID-19 pandemic has idled workers and the coming weeks will bring more news of business closures and bankruptcies. After a decade of sustained growth, we are facing a recession of uncertain depth and duration. The New...more

Mind Your Notice in California – Even Remote Contingent Beneficiaries May Need to Be Served

Downey Brand LLP on 3/20/2020

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

California Trustee Must Be Careful in Seeking Release from Beneficiary

Downey Brand LLP on 9/4/2019

Can a California trustee require a beneficiary to sign a release in order to get a distribution from a trust? A question like this appeared recently on the AVVO “Free Q&A” page and makes for a perfect blog topic....more

Understanding Trusts: Do you need one? What are the? How do they work?

Cranfill Sumner LLP on 7/29/2019

One of the most common questions clients ask is whether they need a trust. While they are usually seeking a “yes” or “no” answer, as with most legal questions, the correct answer usually is, “It depends.” The answer depends...more

California Probate Administration Is No Time for Napping

Downey Brand LLP on 7/3/2019

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

Trustees Must Terminate California Trust if Terms Compel Distribution

Downey Brand LLP on 2/19/2019

Are six sibling co-trustees too many cooks in the kitchen? Many California trust disputes arise from disagreements among sibling co-trustees over how to administer Mom and Dad’s trust after the parents have passed. They all...more

California Courts Can Excuse Trustee Who Acts in Good Faith

Downey Brand LLP on 11/6/2018

A California trustee can be excused from liability for breaches of trust if a judge determines that it would be equitable to do so. We see many situations where a family member trustee strays from the requirements of the...more

Stepmother vs. Stepchild, Now Playing in a California Probate Court Near You

Downey Brand LLP on 4/24/2018

Stepmothers are frequent characters in California trust and estate litigation, as they are in fairy tales and Disney movies. With about half of all marriages ending in divorce, there are many stepmother/stepchild...more

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