A: 1. Protect and preserve the trust assets 2. Follow the terms of the trust 3. Act fairly and always with the beneficiaries' best interests in mind 4. Keep great records and communicate regularly with the beneficiaries 5. Distribute the assets!
A: No, you will not inherit anything from your biological father's estate in this case. With very few exceptions, Probate Code Section 6451(a) states that an adoption severs the relationship of parent and child between an adopted person and their biological parent.
A: Not necessarily! Any assets you own as joint tenants would automatically pass to her by right of survivorship. However, be aware that California, contrary to popular belief, does NOT recognize common law marriage. Therefore, if you want assets to go to your...
A: Although not technically required, it is still a very smart idea! Utilizing an Estate Planning Attorney will ensure that the maximum amount possible of your estate ends up in the hands of your child. Trusts ensure there are no unnecessary contests, streamline the...
A: Fortunately, that is not the case! California recognizes revocation by operation of law. If a testator gets divorced after the will is created, California law automatically revokes any gifts that the were made to the former spouse, unless the will explicitly states...
A: A Heggstad petition is a legal maneuver used in California. If a person dies and leaves behind a trust, yet some of their assets weren't properly transferred into the trust before their death, those assets typically would have to go through probate to be...
A: Yes! Assuming your mother didn't have any other probatable assets, you and your sister can file with the court a Form DE-305 in the County where the land is located to have the property title transferred without probate.
A: You will usually not need to appear at hearings. Most courts in California use a tentative ruling system. This means that in the days before the hearing on a petition, the court will post its intended ruling on the petition. If the tentative ruling is to grant the...
A: Probate can be a daunting process, and it's important to have an experienced probate team to guide you through it. An attorney can help ensure all legal requirements are met, minimize potential disputes, reduce tax liabilities, and protect assets from potential...
A: Unfortunately, this is no longer possible under Prop 19, which went into effect on February 15, 2021. In order to qualify for the parent to child exclusion from reassessment, the property must be the parent's primary residence and also the primary residence of the...
