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
Generally speaking, inheritance is not subject to tax in California. If you are a beneficiary, you will not have to pay tax on your inheritance. There are a few exceptions, such as the Federal estate tax. However, an estate must exceed $11.58 million dollars per person in 2020 to be subject to estate tax
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This is Stewart Albertson with Albertson and Davidson, and I want to talk to you about an issue that we do see from time to time called advances on inheritance. Advances on inheritance are essentially a loan that mom or dad
When do you need to probate the assets of a decedent? First of all, let’s make sure we know what “probate” means–it sounds like a medical condition. But in fact it is simply a court process where a decedent’s assets are taken over by an appointed “personal representative”, the last debts and bills of the
The probate process is probably one of the most archaic procedures we still have in our legal system. Probate simply means to prove-up a Will—it’s the process where a Will is determined to be valid by the Court, it is then “admitted” to probate (as we say), an Executor is appointed and the administration of
In an earlier post we described what probate is and that it only applies to assets titled in the name of the decedent at the time of her death. Now we want to discuss how to start the probate process (it’s just a court process after all).
Handling a California probate can be summed up
Every California probate requires a host of forms to start, administer, and complete successfully. In lawyer talk, these forms are for “decedent’s estates,” which also means probate estates. Anytime any assets pass through probate, these are some of the forms that are used to navigate the probate process (these are the most commonly used California probate