A testator might not choose an executor wisely. Selecting a close relative does not automatically lead to picking the right person for the job. The named executor might prove slow, incompetent, or irresponsible. In some unfortunate instances, the executor acts...
The executor of your California estate is the person who is appointed to represent your interests during the probate process. In some cases, an attorney will assist the estate representative in carrying out his or her duties. If necessary, an executor can be relieved...
Substantial or complicated estates can present a host of challenges during probate. Disputes can arise regarding valuation, ownership and distribution. And without an estate plan to provide direction and clarity, the process can be even more complicated. The estate of...
When an adult is unable to take care of him or herself, the court can appoint another person or organization to care for them. The conservatee, the person who cannot manage his or her health or finances, is then taken care of by the conservator. Depending on the needs...
When a California resident creates a will that outlines the guidelines that should be followed to distribute one’s assets and estate, there must be someone on the other end who will follow these directions to the letter. This is where an executor or personal...
One of the main responsibilities of a trustee is the fiduciary duty owed by them. This means that he or she must put the trust’s interests above all other interests. Not only should the trustee preserve the trust’s property and assets, but he or she should also defend...
Executors are tasked with the heavy burden of distributing the decedent’s estate, making sure all the relevant taxes are paid and all the legal formalities to conclude the estate are completed. While their authority is very broad and they have a great deal of...
As its name implies, a trust depends on trusting someone. A trustee is someone with an enormous amount of power over assets that are supposed to be managed on behalf of the beneficiaries. This is a big responsibility, and it can be a terrible problem if the trustee...
If you were to ask the average person what elements are necessary to create a trust, many wouldn’t know how to answer. The purposes of a trust can be several, but the means in which a trust is created are few. Here’s a few things to understand about the elements of a...
Trusts, wills and estate plans are often made up of family members, once designated by the head of the family who may or may not be able to intervene in the day-to-day of these accounts. There could be many reasons for setting up these estate plans, trusts or other...