"California Trust and Will Litigation"

When a person dies, the decedent’s loved ones must deal with the decedent’s property. The first question the decedent’s family members need to ask is: did the decedent have an estate plan in the form of a Will or a Trust?

If the decedent did have an estate plan, the terms of the Will or

Entering the world of Wills, Trusts and probate can be confusing. One of the first questions people often ask is: what is the difference between a Trustee and an Executor? To put it simply, a Trustee is the person who oversees a Trust, while an Executor is the person who oversees a Will, which often

California Trustees can charge reasonable fees for their services. The amount considered reasonable varies depending on the circumstances. Professional fiduciaries typically charge a certain percentage of the total value of the Trust assets (usually around 1%), while layperson Trustees (such as family members) often charge by the hour (typically around $30-$80).

Trustees’ fees also depend

Minors in California (people under the age of 18) cannot own assets directly. Minors must own assets through a guardian. However, minors can be Trust beneficiaries. Typically, when a Trust is established with minor beneficiaries, the Trust terms require the minors’ shares to be held in Trust rather than distributed outright.

Trust shares for minor

How do Trust beneficiaries know how much they are entitled to? Often, rather than stating a specific dollar amount for each beneficiary, the Trust will state that each beneficiary is entitled to a certain percentage of the Trust estate. This can cause frustration if the Trustee will not provide the value of the Trust assets.

How does a Trustee resign? By following the procedure in the Trust document. The Trust terms usually contain a resignation procedure to follow. The Trustee typically must give notice to the beneficiaries and to the new Trustee. This notice can be drafted by a Trust administration attorney. If there is no resignation provision, the

A Trust is an entity that holds assets. Living Trusts are set up to benefit the Trust creators, (also referred to as the “Settlors,” or “Grantors,”) during their lifetimes. Living Trusts also provide the terms for management and distribution of the assets once the Grantors pass away.

Living Trusts are typically drafted by an

How do you replace a Trustee? The answer depends on the language in your Trust document. Most trusts have a specific section that outlines the procedure in which a Trustee can be replaced.

Some Trustees step down willingly. In certain instances, you can have a Trustee sign a document called a Resignation by Trustee, and