How to fund our living trust correctly?

You should name the trust, not because of probate, but because your child is incapable of handling the money now. As far as probate, depending on...

Did i receive the correct and current trust document,

Most trusts in California are joint trusts. That means that they are done by both husband and wife as one document. The distribution language...

Amending Special Needs Trust

Something to also think about is what are you really saving by doing a special needs trust. Many of my clients think they need a special needs...

Does the law require that I be notified if my father had my mother declared lacking in mental capacity?

You should review Probate Code section 16061.7 regarding when notice must be given. If the trust was revocable and your parents were the trustees,...

My son wants to live with my sister in MS. He is 15 and will turn 16 in November. I live in FL. How do I transfer guardianship

I do not practice in either of those states, but your sister would likely have to petition for guardianship of the person in MS. You consent would...

What is the tax % rate for ca estate tax?

The federal estate tax is calculated on Form 706. There is no California estate tax. Often times people confuse the cost of probate with a tax. ...

Who, in the state of california, is able to notify a beneficiary of a trust.

You may be getting confused by the notice of hearing (which looks like a court form) but is in fact sent by the trustee or the attorney for the...

What are the statute of limitations applicable to trust contests?

I will add that the 120 days begins at the time of mailing, not at the time of service. This is often overlooked by litigators who do not practice...

There is no way in California to receive a step up in basis at each generation AND keep the property in trust in perpetuity (which you cannot do in...