I have had a few cases recently where a person, who has now died, had been the beneficiary of a trust.  However, in all the cases the person who has now died never got their beneficial share from the trust before they died. So what happens?  When does a trust beneficiary require a probate in […]

On March 11, 2016 I got the call of a lifetime… and I do not mean that in a good way. I got the call from the police, in Logan, Utah, that my mother had been shot to death by her husband. This is not a post about domestic abuse, gun control or mental health […]

Below I have posted a sample of the information we like to have when we do estate planning. Though we do not require the information it’s helpful to us. It’s helpful in different ways. Let’s discuss. First, the dollar amounts are certainly not required but knowing the approximate estate size helps determine what plan is […]

In many cases it’s easy to determine where to file your trust petition. See California probate code sections 17000-17006 pasted below for ease of reference. In a probate case you file where the decedent lived at death. That is the county, in California, where they were last a resident. This can, in some cases, be […]

Trust administration is often ignored after death. The thought is that a trust avoids probate and therefore no work is needed.  This is simply not true in most cases. Here are ten crucial steps in the California trust administration process. While not mandatory in every case they should be discussed with your attorney in every […]

Generally speaking one of the main reasons people get trusts is to REDUCE ATTORNEY FEES AFTER DEATH.  Yes, there are other benefits to a trust but this is one of the main reasons.  People want to avoid probate.  Sure probate takes 7 months minimum but beyond that it is costly… and most of that cost […]

Requests for trust accounting should be done by a beneficiary as soon as possible. Pursuant to California probate code 1060 (the accounting section) and 16060 et seq (the duty to inform section).  This starts a time clock and the trustee’s failure to comply with a reasonable request can put the trustee in a place of […]

Ethics are important to us and thus our hourly fee time is carefully noted in our time keeper program. However, some clients just do not like hourly fee arrangements. They want to know exactly how much they are going to spend.  We have heard the request many times and now we can offer FLAT FEE […]

I have personally filed, and successfully completed, more Heggstad petitions than any attorney I know of.  I know the nuances.  I know what Judges like to see. I know what the Heggstad case says. I also know to use California probate code 850 and not California probate code 17200 for a Heggstad petition. Ask your […]

Upon death or any other transfer of real estate in California you need to evaluate if a PT-58 form is required. It is the document which tells the county assessor that a transfer has been made, of real property, between a parent and a child.  This will preserve the parent’s property tax assessment or basis. […]