Executor's Authority over Beneficiary What you should knowCan an executor of a will remove a beneficiary? If you are a person whose inheritance is being managed and distributed by an executor you might find yourself asking this question especially if the will grants...
Understanding Breach of Trust in Asset Management What you should knowIn the complicated dance of personal and professional relationships, trust forms a touchstone upon which fiduciary relationships are based. The rupture of such trust may propagate shadows not only...
When Beneficiaries and Executors Conflict What you should knowKey Takeaways: Executor conflicts are common during estate distribution Failure to fulfill responsibilities is a major source of conflict An executor can face legal consequences for misconduct There are...
Can a Trustee be a Beneficiary for Revocable & Irrevocable Trusts What you should knowKey Takeaways: The simplest answer to this question is yes! A trustee can also be the beneficiary in revocable and irrevocable trusts. In some instances, an individual can even...
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...
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 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? 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 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? 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? 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? 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? 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? 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 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 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 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 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 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 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....
