Who has more Right, a Trustee or the Beneficiary? Trustee vs. Beneficiary Rights: A trustee can override a beneficiary's request if it conflicts with the law or the terms of the trust. This authority is outlined in California Probate Code §16000, which mandates...
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Hess-Verdon & Associates
Top Orange County Probate Attorney
Top Orange County Probate Attorney When navigating the complexities of estate management, an Orange County probate attorney becomes your indispensable guide. Your peace of mind hinges on expert legal support during these intricate proceedings. With stakes this high,...
What To Expect From A Probate Attorney
What to Expect from a Probate Attorney in California In simple terms, probate is the legal process of administering an individual's estate posthumously. The courts review the will if there is any present, and in the absence, the courts will still decide on the best...
How Does A Trust Work. What to Know!
How Does a Trust Work? A trust is essential in ensuring that your assets are protected and that their distribution after you die is organized. Trusts are critical aspects of estate planning. A trust refers to a legal agreement where the trustor or settlor conveys...
How to Get A Copy of A Trust Document
How To Get A Copy of A Trust Document Have you wondered if your trustee is required to issue you a copy of the trust, and do you know what to do if they decline to provide you a copy of the trust? Here's an answer to these and other questions you might have on how to...
Does A Life Estate Override A Will
Does a Life Estate Override a Will? A life estate deed takes precedence over a will, ensuring that the property specified in the deed passes directly to the remainderman upon the life tenant's death, regardless of conflicting instructions in the will.Talk to a...
Are Beneficiaries Entitled To A Copy of The Will
Are Beneficiaries Entitled to a Copy of the Will? When it comes to wills, it is commonly known that a will determines how the deceased person's property would be shared among the beneficiaries. However, one of the main queries from beneficiaries in this regard is if...
Can A Right of Survivorship Be Challenged
Can A Right of Survivorship be Challenged? The right of survivorship, often associated with joint accounts, can be contested in court. As per legal precedents, the original account holder's intentions are crucial; clear and convincing evidence can override the...
What Does A Trustee Do. What You Should Know
What Does a Trustee Do? Planning an estate should be a consideration for everyone, not just the wealthy. Without a solid legal plan, your assets may be left in the hands of the court. Estate plans vary in size and shape, and each plan is unique. It's advisable to...
What Constitutes A Breach of Fiduciary Duty?
What Constitutes A Breach of Fiduciary Duty? In the intricate area of trust and estate planning, fiduciary duty is a critical concept that ensures that the interests of beneficiaries are protected. This happens when someone is assigned another person's assets; the...
Trust Validity Defense Attorney – California
Trust Validity Defense Attorney Perhaps a grantor executed a trust that handed over all their assets and property to their business partner or best friend instead of their kids, even after guaranteeing the latter that they would get a significant share of their...
What is a Successor Trustee. What You Should Know!
What is a Successor Trustee A successor trustee can be a person or institution in charge of the trust and its daily administration duties if the original Trustee dies. The trust's creator (the Grantor) often designates the successor trustees and the successor...
Trustee Rights In Investment Dispute Cases
Trustee Rights in Investment Dispute Cases Trustee rights are one of the critical issues when it comes to dealing with disputes involving investments. The knowledge of the rights and protections available to trustees is vital to trustees and all the parties in...
How Long After A Person Dies Will Beneficiaries Be Notified
How Long After a Person Dies Will Beneficiaries be Notified Beneficiaries of a trust are typically informed of their interest shortly after the trustor's passing. For example, under California probate law, trustees are required to notify beneficiaries within 60 days...
What Happens If You Die Without A Will
What Happens If You Die Without a Will Estate planning is very important in securing the orderly distribution of assets following your demise. This creates a dying intestate situation where some people don’t take the necessary precautions to create wills. It...
Conservatorship Attorney. What You Should Consider!
Conservatorship Attorney Conservatorship refers to instances where an adult is given the legal right to make legal decisions for the sick or elderly. Conservatorship happens when the elderly or disabled individual cannot make these decisions and requires a guardian....
Successor Trustee Checklist. What to Understand!
Successor Trustee Checklist The estate planning process entails planning how your estate will be administered should you pass or be incapacitated. There are trust terms in this regard, and you must appoint an entity to execute those terms. So what happens here is the...
Does A Trust Override A Will? What to Know!
Does A Trust Override A Will? Regarding estate planning, two common instruments often come into play: trusts and wills. The legal tools have been designed differently to achieve distinct goals like sharing property and communicating testamentary instructions....
How Long Do You Have To Sue An Estate
How Long Do You Have to Sue an Estate? You can quickly take legal action against anyone who causes harm to you or your loved ones. This process is simple and well-documented. Nevertheless, what happens when the person dies before you get to take legal action? Can you...
Difference Between a Probate Lawyer and a Probate Litigation Attorney
Difference Between a Probate Lawyer and a Probate Litigation Attorney Probate and probate law are significant components of estate planning and administration. The process of probate refers to the legal administration of someone's estate after they have died. This...