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
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
There are times when people try to implement an estate plan, but things go awry. And that can happen when an attorney makes a mistake in drafting a California Trust or Will resulting in legal malpractice.
Bringing and prosecuting a legal malpractice case against an attorney who improperly drafted a California Living Trust or Will
From time to time we have clients come to our office upset that the attorney who drafted their parents’ California estate plan (i.e., living trust, will, and durable powers of attorney) got it wrong or perhaps failed to properly implement the parents’ estate plan.
In a recent case we handled an attorney drafted an amendment
At the end of every case—whether it’s settled or by way of judgment after a trial—I ask the opposing attorney to sit down with me to do a full review of the case. All issues in the case are open for discussion, except for attorney-client communications or any other privileged matters.
The purpose of the
One of the most obvious features of a revocable living Trust is that you can revoke it. It’s right there in the name “revocable Trust.” But you can also amend a revocable Trust because, for a long time, California courts have interpreted the power to revoke (which means to entirely do away with a Trust)
After making the decision to take all of my cases to trial in 2011, here are the important lessons I learned as a plaintiff’s and estate trial attorney:
1. Taking each of your cases to trial generally works in your client’s favor.
Defense attorneys (and their clients) will offer your clients pennies on the dollar
I receive several phone calls each week from upset Trust beneficiaries asking if their brother or sister, who is the Trustee of their parents’ Trust, is required to provide copies of the Trust to the beneficiary after both parents have died. The answer is—yes—Trustees are required under California law to provide copies of their parents&rsquo