Trust administration can be a complex and sensitive process, and it may involve significant assets and high stakes. As a result, conflicts can arise, which may lead to costly and lengthy disputes. If you are a trustee, what steps can you take to reduce conflicts in...
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Bay Area Estate Planning and Family Law Blog
What legal rights do stepchildren have in California probate?
Blended families are a growing reality in California. Many stepparents want to include their stepchildren in their inheritance plans. Still, state laws create a clear line between biological and stepchildren. This distinction often surprises families during probate...
What’s the difference between conservatorship and guardianship?
When protecting the interests of a loved one who can't care for themselves, you might hear the terms "conservatorship" and "guardianship." While they may seem alike, they serve different purposes under California law. Knowing these differences can help you make better...
Pros and cons of creating a will online
Everyone's legacy is unique, and so are their estate planning needs. Online will platforms offer a seemingly simple solution for crafting a will. Still, it is essential to weigh this action's potential benefits and drawbacks carefully. Creating a will online can be...
What is a revocable living trust?
A revocable living trust serves as a vital tool in estate planning. It allows you to manage your assets during your lifetime and ensures a smooth transition after your death. This type of trust offers flexibility and control, making it a popular choice for individuals...
Holographic wills can lead to problems in probate court
The idea of handwriting your own will might seem appealingly traditional. Still, these "holographic wills" can create unexpected challenges in probate court. It is essential to examine the potential drawbacks of this approach when exploring your estate planning...
What are the limitations of a conservator’s power?
A conservator takes on a significant role, providing care and managing the finances or personal affairs of someone unable to do so. However, a conservator does not have limitless authority. Understanding the boundaries of a conservator's power is crucial for both...
How does probate work with out-of-state assets?
When someone passes away, their estate often goes through a legal process called probate. This process oversees the distribution of the deceased's assets and the payment of their debts, ensuring that the court handles everything according to the law and the deceased's...
When should you relieve a trustee from estate administration duties?
In estate administration, you may encounter situations where removing a trustee may become necessary. This process can be complex and emotionally charged. Understanding the potential reasons and steps involved is crucial. Reasons you might remove a trustee Several...
Why are conservatorships a ‘last resort’ in California?
California recognizes two types of conservatorships: general and limited. Judges can grant both as a way to manage the affairs of individuals unable to care for themselves. However, judges don't grant conservatorships easily. They must first consider whether it's...