Category: Trust Litigation
A trust is an essential legal instrument intended to preserve one’s estate and ensure it is managed per their wishes when one can no longer manage it themselves. However, these instruments are not always legally viable. Sundry situations can invalidate
When creating a living trust, one must adhere to a specific process to ensure it is legally binding. Failing to draft a document per the trust law invalidates it. If you suspect a trustor did not set up a trust
How are trustee fees calculated? Trustees play a critical role in trust administration. In California, trustee fees can vary based on the type of trustee appointed and the terms of the trust. Importantly, under California Probate Code § 15681, trustees
Deciding between a will and trust can be daunting, but this decision has a far-reaching impact on your life and those you love most. Understanding the nuances that differentiate them is crucial to establishing an optimal estate plan. The debate
Are you in the midst of appointing a trustee? If so, you’ve likely considered hiring an institution to administer your trust assets. These corporate trustees are known for using fee schedules to manage their payments, as opposed to private and
Changes in life may also require changes to trusts. For example, when couples marry or divorce, they may wish to change their distributions so that their spouse or ex-spouse is or is not a beneficiary. Making changes to a trust
Has your trustee neglected their accounting duties, or simply refuses to carry them out? If so, don’t panic – there’s a set legal process for retrieving accounting for your trust, as well as if your trustee has improperly taken what
There are a number of disappointing scenarios which require a trust litigation attorney: Maybe your trustee has been lazy in administering the trust; the trust might be ambiguous or have certain errors; ownership of property may not be clear; assets
New changes to gift and estate taxes are going into effect in 2022, boosting the official estate and gift tax exemption to $12.06 million per person for deaths throughout the year. This is up from the $11.7 million tax exemption
Passing away without a will and trust has several potential outcomes, often varying by state. These laws can get awfully complex – especially in California. Ensure that your assets are distributed according to your own judgment rather than a default