In a trust, there are three roles involved: the grantor, the beneficiaries and the trustee. Among these positions, the trustee is responsible for managing the assets within the trust, making them have a fiduciary duty to the trust's owner and beneficiaries. A trustee...
Helping You Through Times of Change
Estate Planning
An overview of guardianship for minors
When creating an estate plan, parents may need to consider who would care for their minor children in the event they are unable to, usually through death or incapacity. In California, there are several steps to create a guardianship, which is a legal arrangement where...
Removing a trustee from administering an estate
A trustee has a duty to act in the best interest of the trust beneficiaries. However, sometimes the trustee does not meet this duty and needs to be removed from their responsibilities. Reasons for removal There are several reasons it may be necessary to remove a...
How should you talk about estate planning with elderly parents?
Discussing estate planning with elderly parents might seem scary at times. However, this vital conversation helps them know other people will honor their wishes and eases the burden on the family later on. Following a step-by-step guide is one way to help you start a...
How to spot fraudulent living trusts
Wills and living trusts might seem like sound options to address issues concerning an individual's estate. However, some might exploit these needs and sell illegitimate estate planning products or services. One of the most common schemes scammers use is selling...
What happens if a will conflicts with other estate plan tools?
Each individual decides, with or without the guidance of a legal professional, how many estate planning tools they will include in their plan. Some only draft wills, while others have multiple documents depending on their needs. However, when dealing with a...
Does the size of the estate matter?
As simple as the question may be, seeking its answer can guide you through understanding estate planning better. An estate goes through an extensive process – from planning until its administration. Understandably, some may be curious whether the process is the same...
Avoiding the probate process in California
Naming the beneficiaries of your assets in a will is one way to distribute them after your death. However, it means your loved ones will need to go through the probate process. Instead, you can carefully plan your estate, using a few efficient ways to avoid probate in...
What are the preliminary duties of an estate representative?
Surviving family members could find themselves in a tough spot when addressing matters regarding the deceased’s estate. When it undergoes the probate process, the court could identify a person who could represent the estate based on the deceased’s will or the law....
How does the court choose an estate administrator?
When someone dies, it is up to their surviving family members to manage their estate correctly. A simple process exists to distribute the deceased's assets but could enter probate based on the circumstances. After starting the probate case, the court could appoint an...