Estate Planning Blog

When Do You Need A Trust Litigation Lawyer?

Often in the waning years of people’s lives, they may become susceptible to fraud or abuse. Also, family issues can be difficult to work out, especially after you have all lost someone close to ...
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New Budget Law Brings Changes to Medi-Cal Estate Recovery

The new state budget bill for the next fiscal year has been passed by Governor Jerry Brown, bringing good news for Medi-Cal recipients. As a part of the new legislation, substantial changes are ...
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Talking Estate Plans with Your Loved Ones This Holiday Season

Imagine a typical scene at your household during the holidays. It probably includes just about your entire family gathered around one table – two if you have young children in your family tree ...
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Part III - Duties and Responsibilities of a Personal Representative

Additional duties and responsibilities of the personal representative are as follows: Insurance. The California personal representative is required to obtain and maintain adequate insurance covering ...
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Part II - Duties and Responsibilities of a Personal Representative

Additional duties and responsibilities of the personal representative include: Inventory the Estate Property. The personal representative must locate and take possession of all the decedent's ...
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Duties and Responsibilities of a Personal Representative

Upon the court's appointment, the personal representative becomes an officer of the court and takes on certain duties and responsibilities. These duties and responsibilities include: Managing the ...
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Part II - Personal Representative

There are a whole host of duties and responsibilities imposed by the law upon the personal representative. It is therefore advisable to name one or more backups in case the first choice is unavailable ...
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Personal Representative

A personal representative is either an executor named in the decedent's will, or an administrator appointed by the court to administer the estate of a person who died without a will (intestate). ...
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Where Are Probate Cases Filed?

Starting in April 8, 2013, the Los Angeles Superior Court (LASC) consolidated its probate divisions in an effort to save between $55 million and $85 million for the 2013-14 fiscal year. All probate ...
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Part III - Living Trusts

Living trusts have some disadvantages. These include: Preparation of a living trust oftentimes costs more than a will. However, the difference in costs may not be significant if the will is complex. ...
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Part II - Living Trusts

A trust usually involves three parties: the settlor who is the creator of the trust, the trustee or trustees who agree to manage the assets as directed by the terms of the trust, and the beneficiaries ...
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Living Trusts

A living trust or an inter vivos trust is an estate planning tool that enables the creator of the trust to transfer assets to beneficiaries without going through probate. It is a written agreement ...
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Does all property go through probate?

Not all property go through probate. Assets that are part of a person's "non-probate estate" can be distributed outside the probate process. Life insurance or retirement benefits such as ...
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How are fees for the personal representative and attorney determined?

In California, the personal representative and the attorney for the personal representative are allowed to take a statutory fee for ordinary services. The fee is calculated as a percentage of the ...
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Part III - How does the probate process work?

Distributing the estate After notices and communications have been properly handled, and the estate properly inventoried, the final step in the probate process is the distribution of estate property. ...
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Part II - How does the probate process work?

Notifying Creditors and the Public of Decedent's Death The next step in the probate process is notifying creditors and the public of decedent's death. This process provides an opportunity to ...
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How does the probate process work?

The probate process typically include appointing a personal representative to file papers such as a Petition for Probate of Will with the probate court; notifying creditors and the public of ...
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Musician Lou Reed Leaves Estate to Wife and Sister

American musician Lewis Allan "Lou" Reed, the front man for the 1960s band The Velvet Underground, left majority of his $15 million estate to his wife, Laurie Anderson. Reed, who underwent a ...
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Part II - No Contest Clause

Effective January 1, 2010, California repealed the existing rules regarding no contest clauses and replaced them with Probate Code section 21310 et seq. Under the new rules, no contest clauses are ...
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No-Contest Clause

A no-contest clause or an "in terrorem" clause is a provision in a testamentary instrument that is meant to discourage beneficiaries from disputing a will. This clause is typically used to ...
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Part III - Court Reverses Insurance Agent's Theft Conviction

In continuation with our blog on The People v. Neasham, Glenn Neasham (defendant and appellant) appealed his conviction for committing theft from an elder and dependent adult by selling her an annuity ...
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Court Reverses Insurance Agent's Theft Conviction

Glenn Neasham, an insurance agent by trade, sold an Allianz MasterDex 10 annuity to Fran Schuber, an 83-year old woman. The MasterDex 10 annuity was approved for sale by the California Department of ...
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Part III - Contrary Substantial Evidence May Negate the Will Revocation Presumption

We continue our blog on the Estate of Trikha, which is about a father who executed a will three weeks before committing suicide. Satish Trikha's will made provisions for all his children, ...
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Contrary Substantial Evidence Can Negate the Will Revocation Presumption

There is a presumption under Probate Code section 6124 that the testator (a person who makes a will ) destroyed the will with the intent to revoke it where the will was last in the testator's ...
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Are You An Omitted or Pretermitted Heir?

A pretermitted heir is a person who would likely stand to inherit under a will or trust, except that the person who wrote the will (testator) or trust (settlor) did not know, or did not know of, the ...
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