A: In the event of an unexpected death, courts will consider the best interests of a child when determining who is the best fit as guardian, and the wishes of a parent are generally given tremendous weight in making that decision. If it matters to a parent who would...
A: 1). Undue Influence or Lack of Mental Capacity 2). Failure to Satisfy Legal Formalities and Requirements 3) .Breach of Fiduciary Duty (either by the Successor Trustee or the Executor) 4). Disagreements about distribution or sale of a particular asset 5)...
A: Here are 7 reasons NOT to add your child to the title of your home: 1. CAPITAL GAINS TAXES. Your child will lose the full step-up in tax basis upon your passing, which could cost the child significantly in tax liabilities upon an eventual sale of the property. 2....
A: Yes! We typically recommend young adults execute a Durable Power of Attorney, Advance Health Care Directive, and HIPPA Waiver. Since your son is now legally an adult, you no longer have authority to act on his behalf in the event of an emergency or otherwise. He...
A: A Notice of Proposed Action essentially requires a beneficiary to “speak now or forever hold their peace.” California Probate Code sections 16500-16504 permit a trustee to give notice to the beneficiaries of a trust that the trustee intends to take (or not to take)...
A: It is very common and understandable for people to set up their estate plan assuming all the people you want to leave money to are still living at the time of your own death. However, far too many court battles have taken place due to a lack of contingency...
A: A trust restatement is essentially an amendment of your entire trust that replaces all of the provisions of your original trust with new provisions to meet your current goals. It is a great option if you have an older trust that needs to be updated, if you have...
A: Business interests, whether a sole proprietorship, an LLC, a corporation, or a different type, are quickly and easily transferred into a trust by signing and notarizing a legal document titled "Assignment of Business Interest". We prepare these "Assignments"...
A: Each bank has requirements for transferring your bank accounts to a trust so you will want to contact them to ask what their process is. We always facilitate the process for our clients by preparing a cover letter and a certification of trust that our clients can...
A: In California, real estate is transferred into a trust by signing a grant deed. The grant deed, which must also must be notarized and recorded, states the owners of the property (the Grantors) are conveying all their interest to their Trust (the Grantee). We...
