Depending on of the number and type of assets, and the number of beneficiaries to receive a disbursement, trust administration can be simple or quite complex. Trust administration involves much more than simply distributing the property after an untimely death. A trust administration attorney is crucial to managing disputes and efficiently administering...
Continue reading…Category: Trust and Probate Litigation
Reasons Why People Prefer To Work With A Probate Attorney
We all have heard about probate, but what exactly is it? It is the process through which estates are settled after someone’s death. Probate is essential for beneficiaries, the person who writes the estate plan (Will), and the executor of the estate. Probate can be tricky court process that calls for sound...
Continue reading…What is the Difference Between “Per Capita” and “Per Stirpes”?
Trusts and Wills often make reference to the Latin legal phrases “per capita” or “per stirpes” (pronounced ‘stir-peas’). These phrases describe methods for dividing property among an individual’s descendants, and describes what happens when one or more of the descendants dies before the person making the Will or Trust.
... Continue reading…5 Reasons to Hire a Probate Litigation Attorney
Rather than being an advantageous or disadvantageous process, probate is a need. People who pass without creating clear instructions about the transfer of their assets give rise to the need for hiring a probate administration attorney. Given the complexities involved, it is always wise to trust an experienced attorney...
Continue reading…3 Points Essential In The Hiring A Trust Litigation Attorney
As we close in on Halloween, those who have had to deal with Trust of Probate litigation are reminded at what a nightmare it can be. Litigation often occurs when a legal challenge is brought forth against the validity or execution of a trust or estate planning document. A trust...
Continue reading…You Placed Your Business’ Interests in a Trust and Created a Fiduciary Conflict, Why Didn’t Anyone Tell Me!?!
This is another one of my favorite type of blog articles; where I get to point out the benefits of hiring an estate planning attorney who also actively practices business law and litigation. And lucky you, if you don’t need this expertise, I won’t charge you more.
Frequently, one...
Continue reading…Ho, Ho, HO NO!
I have previously blogged and responded to Frequently Asked Questions about the need to periodically review your estate (FAQ: I Already Have an Estate Plan, so I am Good, Right?) and business plans (Blog: December 25, 2019, End of Year Checklist For Your Business.). So, what would be more appropriate...
Continue reading…Beneficiary Rights: Don’t Get Left Out
It’s been my experience that estate Beneficiaries can be a little too passive. When a loved one passes, likely a family member or close friend has been named the Personal Representative of the Estate, and/or Trustee of the Family Trust. That person is likely grieving as well. Maybe they have no idea...
Continue reading…One Order of Heggstad, Please
The Heggstad Petition. Otherwise know as the “I forgot to fund my Trust Petition.” If you have an estate plan that includes a Trust, hopefully you know what I am talking about. If not. This article is for you. If you don’t yet have an estate plan, this might be a good...
Continue reading…Prop 19: I Voted For What?
There are winners and loser in every piece of legislation. On this past election day, a slim majority of California voters passed Proposition 19. The winners: firefighters who will receive funds from the projected new tax revenue; and wildfire victims, severely disabled, and homeowners over 55 who wish to move within California....
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