Tag Archives: estate planning

How a Mediation Lawyer Could Help You

Mediation is one of the many types of alternative dispute resolution. Mediation is done in confidentiality and carried out voluntarily by the disputing parties. The rules of mediation are easy to understand, and disputing parties can complete the process without additional assistance. Rather than have a resolution imposed by the court, mediation allows disputing parties to talk openly about their issues and reach an agreement together. However, if you are not confident that the opposing party will act appropriately during the mediation process, hire a mediation lawyer. A mediation lawyer can be hired and asked to be present at any…

Do I Need An Attorney For A Trust Administration?

“Do I need an attorney for a trust administration?”  That depends. If you are asking whether you are required to have an attorney in order to administer a trust, the answer is “no”. On the other hand, if you are asking whether it is in your best interest to have an attorney guiding you through the trust administration process, the answer is an emphatic “yes”! With all of the responsibilities and duties a trustee has, it is to your great benefit to have an experienced attorney guiding you through the process. In addition to protecting your legal rights, working with…

Understanding The Benefits Of A Revocable Living Trust

Of the instruments available to avoid probate, the < revocable living trust is perhaps the best and most flexible option available. You may wonder what about a trust makes it special? The answer is very simple. A normal will substitute is a single account, and doesn’t have the flexibility of a trust. A single account like a life insurance policy or a 401k is like a box; it can only contain the assets within its interior walls. A trust is more like an umbrella that can extend to cover all of the boxes you can possibly collect.  A trust can cover all of the...

Estate Planning in California: What is a Trustee?

If you are considering estate planning in California you likely have a lot of questions. This is normal, you should have a lot of questions. Estate planning in California does not have to be stressful or worrisome. With the assistance of a knowledgeable and experienced estate planning attorney in California, you can put an estate plan together that properly reflects your concerns and intentions. If you have questions about estate planning in California you should contact an experienced California estate planning attorney. A trustee is a person that holds legal title to property that belongs to a trust for the…

Planning Your Estate: What is an executor?

You may be planning your estate or you may have been a named executor of someone’s estate. Either way, you likely have questions about what an executor is and what their responsibilities are. The following is intended to be a brief overview of what an executor is and what an executor’s responsibilities are. If you are planning your estate or are a named executor of an estate, contact an estate planning attorney or probate attorney for advice concerning your particular circumstances. An executor is a person nominated in a will to service as the personal representative of a decedent’s estate….

Estate Planning Year in Review

Continuing Education of the Bar (CEB), San Francisco, CA (1/23/15)

California Probate Court

Probate is the legal process involved in administering the estates of deceased persons. The process is supervised by the probate court, which protects the interests of persons involved in probate court matters. The probate court appoints a personal representative to administer the estate and report to the court. The personal representative may have to be bonded in order to ensure that the assets of the estate are protected. The probate court that will supervise administration of an estate is the one in the county where the decedent lived at the time of death. Probate courts also handle other types of…

Create An Honorary Trust To Protect Your Pet In California

Having acquired a substantial amount of funds from various start-ups, a man who is a passionate advocate of animal rights bought a large tract of land where he cares for abandoned and injured animals. Concerned about what will happen to his favorite dog, the man placed $75,000 in a trust for the care of his dog, naming a nearby bank as the trustee. The trustee was directed to use the income and principal of the trust to care for the dog for the rest of the dog’s life. Any remaining funds were to be distributed to an environmental non-profit group….

A Trustee’s Duties In California

A man was cited as an executor of his aunt’s estate. The aunt passed away leaving a distributable estate consisting of $125,000 cash. The man probated the will and was appointed executor.  Then, the man borrowed $90,000 in cash from the estate ad and invested the money in a natural gas operation, which turned out to be lucrative. Within three months of making the investment, the man sold the interest in the mining operation for $180,000 and repaid the estate the $90,000 he borrowed. However, the man retained the balance of the proceeds for his personal use. Performing duties and…

What are Your Rights When Contesting a Will in California?

Will and trust contests in California are subject to California statutes and you must know the rules of the law to be successful when contesting or defending against the contest. California Probate Code Sections 8250–8254 lay the ground rules for contesting wills. While you should have a lawyer handle the contest for you, a basic understanding of the process is helpful. You can contest a will for many reasons, such as when you believe your loved one signed the will under duress or undue influence. Or perhaps you believe misrepresentation or fraud occurred or that the will had been revoked….