Nothing is more troubling than a trustee who fails, or worse yet refuses, to account. The California Probate Code, along with most trust documents, require the trustee to account annually to… Read More
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Course 1 – Lessons 1 To 3: Prudent Trustee Investing Blog
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These are the beginning ground rules for Trust investing:
The Trustee must act as a prudent investor would act;
The specifics of the Trust must be considered; and
The Trustee must act with reasonable care, skill, and caution.
When it comes to trusts it can often seem like trustees are all powerful. But are they really? The answer may surprise you. So let’s discuss, how powerful is a trustee?
On… Read More
Our podcast is newly rebranded! Introducing, Ask 2 Lawyers.
The show will continue to cover a variety of interesting topics including legal news, probate law, celebrity estates, aviation, li… Read More
We had the pleasure of sitting down to talk with Amanda Bronstad of Law.com about the Tom Girardi criminal trial involving his alleged theft on client settlement money. Amanda was in the cou… Read More
Should a trustee tell you what is happening in the trust administration? Of course they should, but all too often trustees use information as a weapon and keep their beneficiaries in the dar… Read More
You are the lucky recipient of a generous inheritance, but that inheritance may come with a big catch. While many inheritances are given to the beneficiaries outright, meaning the money or o… Read More
Did you know that being disinherited may not be the only way you could lose your inheritance?
Sure, you could just be excluded from the trust or the will and thereby be disinherited: that&r… Read More
California has recently adopted a law that allows stronger supervision and management of trusts by allowing the creation of “directed” trusts in our state. When establishing a di… Read More
A last will and testament is central to estate planning. It provides legal documentation of your wishes after your death and/or if you become incapacitated. A valid will directs how property… Read More
When a couple lives with children from their current relationship and from previous relationships, this is considered a “blended family.” According to various counts, 20% to 40%… Read More
Putting property deeds in a trust allows you to transfer property directly to your beneficiaries upon your death and maintain full rights to the property while still living. Establishing a l… Read More
Revocable trusts established as part of an estate plan typically contain incapacity clauses, which direct a successor trustee to assume control of the trust assets if the person who establis… Read More
Arbitration is an alternative dispute resolution process that is less expensive than going to court. It is also private. Trust disputes aired in court are generally a matter of public record… Read More
Buying life insurance ensures that one or more people or institutions you name as beneficiaries of the insurance policy will receive a lump sum payment upon your death. Having life insurance… Read More
You can expect probate, the legal process of distributing and closing a deceased person’s estate, to take 12 to 18 months in California. California law requires the completion of proba… Read More
The positions of power of attorney and executor are distinct legal roles. An executor administers a person’s will after their death. A power of attorney may be granted authority to mak… Read More
The new law firm will be named Vincere, LLP
Albertson & Davidson, LLP, a California trust and estate litigation law firm, is pleased to announce its merger with Trust Law Partners, LLP… Read More
It’s not every day that you meet people you like. But occasionally a great group of people come together that just seem to click. It’s like that person you meet for the first tim… Read More
Many couples and individuals establish trusts as a means of transferring their wealth to the next generation when they die. Assets in a trust eventually transfer to named beneficiaries accor… Read More
California probate courts presume that a will is valid and that its instructions for the distribution of the decedent’s assets should be followed as directed by the deceased individual… Read More
Certain legal processes go into motion in California to deal with the estate of a person who has died and left behind a will or trust. For instance, California probate code provides that ben… Read More
One of the primary duties of an individual who has been named executor of a will or administrator of a decedent’s estate is to pay the estate’s debts. Creditors have a right to h… Read More
As aggressive trial attorneys who litigate wills and trusts on behalf of abused beneficiaries, the lawyers of Albertson & Davidson, LLP, sometimes work with forensic accountant… Read More
If you have been notified that you are the beneficiary of someone’s last will and testament or a trust, congratulations to you. Someone has thought well enough of you or your organizat… Read More
There are several reasons a potential beneficiary might challenge a will, such as because the decedent lacked capacity and was manipulated to write the will a certain way. Sometimes, there a… Read More
Estate planning is a necessary exercise for anyone who wants to avoid leaving their family with potential legal problems upon their death. With a valid estate plan, you legally document how… Read More
A U.S. citizen or Green Card holder does not have to pay U.S. taxes on an inheritance from an individual living outside the United States. However, there are IRS reporting requirements when… Read More
Best Dressed Ball raises more than $1.7 million for the American Cancer Society
Attorneys Stewart R. Albertson and Keith A. Davidson were among more than 2000 guests in attendance at the EXC… Read More
It’s not unusual for a family that has recently come together in grief over the death of a loved one to be divided by disagreements over the distribution of assets from the deceased in… Read More
Despite its name, an irrevocable trust is not set in stone. Under the right circumstances, you can terminate, dissolve, or modify an irrevocable trust in California. However, doing so is usu… Read More
Individuals who act as administrators of wills and trusts in California have a fiduciary duty to the beneficiaries of those wills or trusts. If they were to breach that fiduciary duty, they… Read More
The executor must keep beneficiaries of the will apprised of important developments and decisions affecting the estate. If the executor fails to disclose beneficiaries with a proper accounti… Read More
A house is most people’s most valuable investment and the primary means of passing wealth from one generation to the next. When the sole owner of a house dies, they have often been wid… Read More
In most cases, a trustee cannot remove a beneficiary from a trust that the trustee manages. But the law is designed to address all potential scenarios. There may be circumstances in which a… Read More
Digital assets include virtual currencies, loyalty program benefits, website and podcast content, and content stored on sites like Amazon and iTunes. An individual’s digital assets may… Read More
It is important not to overlook digital assets as you establish a will or trust to distribute your estate upon death. Digital assets have value you may want to pass on to beneficiaries. Howe… Read More
Often when people are drafting estate planning documents, they will be advised to include a “no contest clause” in their last will and testament. A no-contest clause – also… Read More
A trust is a legal instrument used to convey assets from the creator of the trust (the “trustor” or “settlor”) to one or more beneficiaries. There are many reasons to… Read More
California is well-known as a community property state. In community property states, property that a couple acquires while married and residing in the state is owned by both spouses. And wh… Read More
Probate is the court-supervised process for transferring legal ownership of a deceased person’s assets and settling their debts and other financial affairs. Probate may require paying… Read More
What can you do when you find yourself left out of a parent’s Will? That all depends on the circumstances surrounding the creation of the Will in the first place.
Understanding Inherit… Read More
When a parent dies, a child who finds out their parent’s will does not treat them similarly to how it treats other heirs may have reason to contest the will in probate court.
Any inter… Read More
A viable financial elder abuse legal claim must contain the following elements:
An ascertainable person (also known as a “bad actor”) stole an elderly person’s property or… Read More
If the Grantor wishes to limit or control how and when a specific heir is to receive their inheritance the Grantor may impose conditions on the distribution of assets. Grantors may also choo… Read More
Disinheritance is when someone changes their estate plan (Trust or Will) to remove an heir, or previous beneficiary, effectively barring the heir from receiving the full share they were prev… Read More
Demand Letter for the Copy of a Trust
To:
From:
Date:
Subject: Please Provide True Copy of California Trust
Under California Probate Code Section 16061.7, the Trustee of a California Trust… Read More
Many people want to know whether they are entitled to an inheritance in the future, and if so, how much the inheritance might be. It can be difficult, if not impossible, to confirm entitleme… Read More
It can be extremely difficult to witness a sibling (or other bad individual) negatively influencing an elderly parent and potentially interfering with your expected inheritance. Unfortunatel… Read More
Lawsuits are expensive. Each party in a lawsuit must bear their own attorneys’ fees. In California, parties to litigation should not expect to recover their fees from the opposing part… Read More
Being removed as a beneficiary of a Will or Trust can be emotionally painful for all involved. There are several types of disinheritance. The most extreme example of disinheritance is full/c… Read More
