Estate Planning / Probate & Trusts / Business Law (858) 720-8250 info@thelegacylawyer.com
Posted in Conservatorships, Probate, Trust Administration on Dec 20th, 2010
An accounting is a formal declaration of the trust (or estate, if it’s a probate accounting) assets and liabilities, including income and expenses, of a particular period of time. California probate code section 1601 et seq. tells us exactly what an accounting needs to contain. If it does not contain these items, an objection can be [...]
Posted in Estate Planning, Living Trusts, Trust Administration on Nov 8th, 2010
Typically, a trust won’t specify how much a trustee should be paid for their effort. And yet, unless wavied by settlor, or specifically established by settlor, successor trustee’s have a right to ‘reasonable compensation’. What is reasonable?
Posted in Daniel Printz, Probate, Trust Administration on Jun 12th, 2010
There are six Duties and Liabilities of the personal representative (administrator or executor) under the California Probate Code. 1. Managing Trust Assets Be prudent; keep assets separate; earn income from the assets, if possible; observe legal restrictions on asset management. 2. Inventory of Estate Property Locate the property; determine its value; file inventory and appraisal [...]
Posted in Estate Planning, Trust Administration on Apr 26th, 2010
A ‘testamentary trust’ is a will that directs the creation of a trust, either explicitly or because the terms of the will can’t be carried out immediately. In California, beneficiaries under a trust are entitled to annual accountings from the trustee (usually the executor of the will) unless the terms of the will stated otherwise.
Posted in Probate, Trust Administration on Apr 23rd, 2010
One potential probate client question: If a payer (an executor under a will, or a trustee of a trust) overpays a beneficiary when a family member dies, does the payer have a right to ask for the money back? Absolutely! You do not have a right to keep funds given by mistake. Consult a local [...]
