Daniel K. Printz is an experienced attorney and teaches "Estates, Wills and Trusts" at the University of San Diego.
Posted in Estate Planning, Trust Administration on Feb 28th, 2012
The Associated Press recently ran an article by Rodrique Ngowi about a charitable trust fight in Massachusetts. It seems that a gentleman in the 17th Century donated his property for the benefit of local schoolchildren. Homes were built on the property and the rents, generally, went to local schools. This appears to have worked well for 351 [...]
Posted in Estate Planning, Lawyer's Corner, Living Trusts on Mar 8th, 2011
Your father, as a settlor and trustee, has a right to a copy of the trust that he and your mother hired the attorney to draft, assuming the attorney still retains a copy in the file. The request does not have to be notarized; in fact, he should simply be able to pick up the phone and call.
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 [...]
Posted in Conservatorships, Estate Planning, Planning for Incapacity on Apr 27th, 2009
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 [...]
Posted in Estate Planning, Living Trusts, Same-Sex Couples on Apr 2nd, 2009
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 [...]
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 [...]
