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...
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Trust Litigation
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...
Contesting a trust
Trusts are some of the most common legal and financial tools that people use to pass assets and wealth down to their children and grandchildren, among other beneficiaries. A living trust is established when the person is still alive, and it is also known as a...
Moving real estate into a trust fund
California real estate can be a great investment. It makes sense to keep your portfolio in the family and protect it by adding it to a trust. Transferring real estate into a trust is pretty simple when the property has been paid off and a little more complicated when...
Is a trust really completely irrevocabel?
When you set up a California trust, you get even more protection when it is irrevocable. This largely separates you from legal ownership of the assets for items such as Medicaid trusts. However, irrevocable usually means that the trust’s terms cannot be changed, and...
When trustees breach their duties
In California, trustees are given different types of duties that they're obligated to fulfill. These duties are to look out for the best interest of the grantor in various aspects, including financial responsibility. When the trustee does not fulfill their duty, it's...
Can a Successor-Trustee be removed?
Can a Successor-Trustee be removed? Many people wonder if it is possible to remove a successor trustee. This is a confusing topic as there are some cases in which this is possible and others where it is not. You cannot simply remove them because you feel like it....
Undue Influence? When To Contact An Attorney
We’ve read the stories of seniors being taken advantage of by a friend or relative and having their life savings depleted. Unfortunately, this is a situation that happens all too often. The victims of this crime are often unable to protect themselves from being robbed...
Trust or probate litigation? Why you should contact an attorney.
Involved in Trust or Probate Litigation – Call an Attorney Now It is difficult enough to deal with the loss of a loved one without having to fight a legal battle as well. If you are involved in a court case over a will or trust, you need to contact an...