How Does the Successor Trustee Handle the Bills and Debts of the Deceased Trustor? LIVING TRUST ADMINISTRATION If there is a living trust and all of the deceased person’s assets have been placed into the living trust prior to death, there is no need for a probate court administration. Creditor…
WHY DID THE TRUSTEE PAY ALL THAT MONEY TO HIMSELF? WHAT ARE TRUSTEE FEES? A trust is typically established by a document known as a declaration of trust will which is a document with instructions for how the trust assets are to be handled. The declaration of trust also identifies…
Orange County Probate Court Litigation Lawyer YOU CAN FILE LAWSUITS OVER PROBATE ESTATE MATTERS PROBATE COURT SYSTEM Part of the California Superior Court system is dedicated to administration of trusts and estates and the deciding of lawsuits over all aspects of trusts and estates. Probate court litigation lawsuits in the…
How Do You Figure Out Who Gets What? – Inheritance with Simultaneous Deaths LEGAL BACKGROUND: 2 WAYS TO INHERIT Under California law a person can inherit money or property (1) as a result of being named in a legal document such as a will or (2) inheritance can occur because…
Cut out the heirs who challenge the will using No Contest Clauses Challenges can occur If a will or a trust does not make an equal division of the estate then an unhappy heir might want to make a challenge. The law does not require you to equally divide your…
County assessor will reassess property tax on death of an owner unless prevented THE PROPERTY TAX SYSTEM California Property taxes are administered by the County in which the real property is located. The County tax assessor determines the amount of property taxes based upon the fair market value of the…
OMG !!! – I got married and forgot to change my will to add my new wife! Will Definition What if Your Spouse is Omitted – A Will is a written document which states to whom a person’s belongings, money and property are to be given upon death. A Will…
Wife Passes Away in Middle of Divorce = Messy Litigation We handled a probate court case involving a lady named Susan who died while in the middle of a divorce. She had an expensive ocean view house and lots of valuable furniture and jewelry. At first, nobody could figure out…
Probate is not needed to transfer ownership of joint tenancy property Generally, Probate court is the legal way for ownership transfer on death Probate court is generally necessary to transfer ownership of property and accounts upon someone’s demise EXCEPT for some narrow exceptions. A major exception is property held in…
Collection or transfer of personal property by affidavit will save Probate court delays and expense Generally, Probate court is the legal way for ownership transfer on death Probate court is generally necessary to transfer ownership of property and accounts upon someone’s demise EXCEPT for some narrow loopholes. This loophole rises to…