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 [...]
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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.
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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 [...]
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Posted in Estate Planning, Living Trusts on Feb 4th, 2010
When should I review or update my Trust? You should review your estate planning documents periodically. If it is not up to date when you die, your estate may not be distributed as you wish. Your Trust can be changed through an Amendment, a legal document that must be drafted and executed with the same procedure [...]
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Yesterday at the San Diego Parent Connection Swap Meet, a woman asked me about setting up a Durable Power of Attorney for Property Management for her elderly father. He already has a Living Will (he lives in Hawaii). Which brings me to today’s subject: As a senior, what documents do I need to prepare in [...]
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Here’s a good idea: Give guidance to your heirs, expected personal representative (executor or trustee) and loved ones by creating a Letter of Last Instructions. Tell your estate planning attorney, and proposed Excecutor or Trustee where it can be found, and leave it in that trusted place (safe deposit box or fire-proof safe – you [...]
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