I am creating a trust for myself and spouse. I would like to create a basic living trust to avoid probate for our house and what

I agree with the other attorneys that you may customize the name of your trust as you see fit, however, it's not always a good idea to get...

What responsibility does the the POA have if it's believed that the individual they are POA is not able to make sound decisions?

In general, an agent under a power of attorney has the duty to act in the best interests of the principal at all times - and the scope of the...

To be valid, does a trust for real estate have to have copies provided to all people named in the trust?

I disagree with the advisor. A trust is not invalid simply because you do not possess a copy and a certified copy is unnecessary. Some of my...

An AB (non-discretionary) trust requires the division of the estate into two separate trusts (Trusts A and B) at the death of one spouse. There are...

Generally, a power of attorney is ineffective with respect to trust assets unless the power of attorney specifically grants you the authority to...

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Can a will/trust be contested even if there's a clause that states that anyone who contests this will shall get nothing?

The No Contest Clause in a Will or Trust is usually construed to say that if the person contests the trust, AND they lose their case in court, THEN...

If there is a family trust, irrevocable, does everything have to be placed in the trust?

Your father is not required to put everything he has into a trust. However, assets such as real estate, bank accounts and even life insurance...

California Estate Tax due upon death of a spouse?

I agree with the other attorney that, for those passing away in 2014, no estate tax will be due if the decedent's half of the estate (half of the...

My father and his wife has a living trust, she has since passed away and he wants to update the trust, should he redo the trust?

When one of the Trustors pass away, generally it is not critical for the surviving Trustor to update his trust. The Trust can carry on and neither...

Property will be transferred from a trust to a beneficiary and we want to avoid a property tax reassessment.

The Assessor's Office has very particular rules about when the parent - child exemption applies for property tax reassessment exclusion. You are...