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
"Revocable Trust"
Step-Mommy Dearest…Can my Step-Mom Change my Father’s Will After my Father Dies?
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE
Hi, this is Keith Davidson at Albertson & Davidson. And in this video, I want to discuss step-parents. And I don’t mean to disparage step-parents, there’s a lot of very good step-parent and step-child relationships out there. But, there’s also some…
What’s the Difference? Revocable Trusts vs. Irrevocable Trusts in California
These silly little legal terms tend to cause way more confusion that is necessary. Why can’t we just call them changeable Trusts and unchangeable Trusts? That’s be way too easy to understand. Better yet, let’s call them by their official legal names: Inter-Vivos Revocable Trusts and InterVivo-s (or sometimes Testamentary) Irrevocable Trusts. That should clear…
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…
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…
Tired of the Retirement Mess: How Failing to Plan for Retirement Accounts = Planning For Litigation in Your Estate
If your goal is to help keep lawyers employed (and that’s an excellent thing to do in my opinion), then do not change your beneficiary forms on your retirement accounts when you do your estate planning.
By retirement accounts, I mean things like 401(k), 403(b), Pension, and IRA type accounts to name a few. These…
Trust Checkup — The Decay of An Estate Plan
If you are one of those forward thinking people who incurred the time, effort, and expense of creating an estate plan that includes a California Trust (living Trust or revocable Trust–they’re the same thing), have you ever looked at it since its creation? Did you know that your estate plan can become less valuable and your…
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…