CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Tag Archives: Beneficiaries

Where’s the Will?? How Can I See The Will Of A Deceased Loved One?

Posted in Trust & Will Contests, Trusts, Uncategorized, Will Creation, Wills
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE This is Keith A. Davidson from Albertson and Davidson. In this video, I want to talk to you about the differences between Wills and Trusts. A lot of times people think that Wills and Trusts are the same thing, that they’re the… Continue Reading

How to Be a Better Beneficiary

Posted in Beneficiary
We spend a good deal of time discussing the shortcomings of individual Trustees.  But there are a few tips that beneficiaries should know to try to make a Trust administration go a little smoother. 1. Patience is a Virtue.  It takes time to properly administer a Trust estate.  Assets have to be gathered together, real… Continue Reading

California Trustees Must Provide Beneficiaries and Heirs with Copies of Last Will, Living Trust, and Amendments

Posted in Trust Administration
I get calls every week from California Trust, Last Will, and Estate beneficiaries complaining that they can’t get their brother or sister, who is the Trustee and Executor of their parents’ estate plan, to provide copies of the parents’ estate plan after the parents have died. I usually suggest the following. First, send a letter… Continue Reading

Court Decision Causes Consternation for Arbitration Clauses in Trusts: Can a California Trust Beneficiary be Forced into Arbitration after Diaz?

Posted in Trust Contests
An interesting case, Diaz v. Bukey, was decided on May 10, 2011 by California’s Second Appellate District pertaining to the issue of whether a mandatory arbitration clause in a trust applies to a trust beneficiary. Justice Steven Z. Perren, writing for a unanimous Court, held that the beneficiary of a trust who did not agree… Continue Reading

Estate Tax Reduction Passes

Posted in Estate & Gift Tax
As a follow-up to yesterday’s blog post, the House of Representatives passed a package extending the Bush-era tax cuts for two more years and substantially revising the estate tax. Writing for the Non Profit Times, Mark Hrywna reports that had Congress not acted, the estate tax would have returned to its 2001 rates beginning January… Continue Reading

Trust Beneficiaries Have an Absolute Right to Copies of Their Parents’ Trust

Posted in Beneficiary
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’… Continue Reading
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