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
"Living Trust"
Can a Minor be a Beneficiary of a Trust?
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…
Where’s the Will?? How Can I See The Will Of A Deceased Loved One?
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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…
When is Your Capacity Kaput?
If you went to the trouble to create a California estate plan that includes a revocable Trust, durable power of attorney for financial assets, and a healthcare directive, you probably have a capacity provision in each of these documents. The capacity provision says that your successor Trustee or successor agent (under the durable power of…
California Trustees Must Provide Beneficiaries and Heirs with Copies of Last Will, Living Trust, and Amendments
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…
What You Need to Know When an Estate Plan Goes Awry: The complex road of successfully bringing a lawsuit for attorney malpractice in California Trust and Will cases
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…
The Settlor Made Me Do It: California Court Clarifies When Beneficiaries Can Sue Trustees…And When They Cannot
California Trust and Will litigation is like building a puzzle. There are a lot of moving parts in most cases and trying to figure out how and when to put the parts together can be confusing.
The Fourth District Court of Appeals recently set Trust litigators straight on how and when a Trustee can be…
Coping with Incapacity: How Trust Planning Is Life Planning
How does your trust help you while you’re alive? Many people think of trusts as death planning instruments–the type of thing that only operates upon your death.
But trusts have a critically important role to play while you are alive in the event you lose capacity. People are living longer and the likelihood of being…
California Will Substitutes–A Private System of Succession
Fifty years ago, most assets passed from an individual who died to his or her family by way of Probate (by Will or Intestacy both of which require Probate). Probate is a strict, expensive and time-consuming Court process that must be completed before assets can ultimately being transferred to family members.
But today, we own…