Estate Planning / Probate & Trusts / Business Law (858) 720-8250 info@thelegacylawyer.com
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 Living Trusts on Sep 7th, 2010
Beneficiaries of a living trust are entitled to accountings only when the trust becomes irrevocable.
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 [...]
Posted in Conservatorships, Estate Planning, Living Trusts, special needs on Mar 26th, 2009
Concerned about a disabled child or parent? Considering a Special Needs Trust (SNT)? These can be powerful tools if drafted carefully. They can also be restrictive monsters if created by attorneys who work from pre-made templates or without thought to all contingencies. Special Needs Trusts are often prepared for disabled adults with disabling conditions, such [...]
