Trusts are a complex aspect of the estate planning process for many people in California. The person considering a trust must look at the purpose of that trust and where they want their money to eventually go in order to choose the perfect trust. Purpose of trust The...
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Trust Litigation
How to Transfer Real Estate to a Trust
In California, real property generally must be probated once the owner dies. Many people want to avoid the probate process because of the length of time it takes and the legal expenses involved. One way that people can avoid the probate process when they have real...
Can irrevocable trust terms be changed?
Irrevocable trusts are typically recognized in California as long as they are created in accordance with state law. As the name suggests, they generally cannot be changed or revoked after they are executed. However, there are certain circumstances in which this is not...
Resolving a will and trust conflict
California residents are urged to set up a trust to handle the distribution of their assets after they pass. But all too few people are aware that you should also have a will in place. These are two documents that are supplementary to each other rather than mutually...
Understanding misappropriation theory
The playing field for traders needs to be kept as level as possible. This is for the benefit of citizens in California and the rest of the U.S. Any attempt to trade via information that has been received in an illegal fashion should be subject to prosecution. This...
Should you sue or contest a trust in California?
When it comes to trusts, there are two primary ways to challenge them: through a lawsuit or by contesting the trust. Although they may seem interchangeable, there are some key differences between the two approaches. Suing a trust This option is typically used when...
Should your trust include an arbitration provision?
There are many details to take note of as you create your California estate plan. One of them may be deciding whether or not to include a provision for arbitration. This is a form of dispute mediation that can serve a definite purpose. However, there are legal experts...
Alternate solutions for resolving trust disputes
Usually, trust-related disputes are resolved through a court hearing. This is largely due to the fact that trust administration is subject to court supervision, usually by the court in which the trust was administered. If there are disputes regarding the trust, there...
What does a successor trustee do?
If you have a revocable trust, there is a good chance that you'll name yourself as the trustee. However, it is in your best interest to name a successor trustee. This person will manage the document if you pass away or are otherwise unable to manage trust assets such...
An overview of the different types of defalcation in California
When most people think of white-collar crime, they think of complex financial schemes that result in huge profits for the perpetrators. While this is certainly true, there are other types of white-collar crimes that can significantly impact victims. Defalcation is one...