There are several situations in which the parents, the minor, or another person has control or may obtain control over the minor's assets without...

Estate planning attorneys typically refer to "modifications" to a trust in two way: (1) amendment and (2) restatement. Both of these documents...

While the trustee cannot condition a distribution upon a waiver the by the beneficiaries, there is nothing wrong with the trustee requesting a...

Can a motion to object to a claim of personal property of a probate being a asset of a marriage. When in fact that's a lie

Whether or not something is a lie is a determination made by the judge (presumably the trier of fact) during the probate court proceedings. If you...

How do I demonstrate that someone is "unwilling" to serve as Trustee of a Trust?

First, look at the terms of the trust regarding acceptance and resignation. Second, as other commenters have stated, a nominated or...

Attorney "required" to quit if family members don't agree in the next 45 min about something we have never discussed?

Whether or not the attorney has violated any rules of professional conduct, if you don't trust your attorney's advice then you should get s new...

What liability does a beneficiary have compared to the executor of a probate estate that has been closed?

Generally speaking, a creditor if an estate has four months within which to file a claim against the estate. Beyond this, there is a strict one...

In determining whether the value of the home is sufficient to put in a living trust, do you use the market value or the equity?

In California, if a decedent's interest in real property is over $50,000 (gross fair market value), a court order is necessary to pass the property...

Is it true that if a Trustee hires an attorney to handle trust issues, their fees are paid first before any liens?

Probate Code section 11420 states that expenses of administration (which includes attorney fees for the personal representative/trustee) are paid...

A financial power of attorney terminates at death. A power of attorney for health care (also called an advance health care directive) may grant the...