Emergency Probate Powers Letters of Special Administration are used to avoid waste or loss in an estate, especially where an executor has failed to get a prompt start on proceedings. Here is a real-life example of a question asked of me. My husband and I need to challenge executorship of my mother-in-law’s estate. Her husband is ill and… Read More
Six Claims by Trust Lawyers You Want to Avoid Deciding whether to purchase a living trust is difficult. You want to protect your assets for your beneficiaries. In evaluating attorneys or trust companies, try to stick to the facts and be wary of exaggerated claims about their products. You want to be able to trust your lawyer, and know that they aren’t trying to… Read More
Daniel Printz to Speak at Seminar on Estate Administration If you are looking for continuing education credits in San Diego, attorney Daniel K. Printz will be presenting at a National Business Institute Seminar on December 5, 2011. The seminar will be held from 8:30 am to 4:40 pm at the Doubletree Hotel San Diego Downtown, located at 1646 Front Street, San Diego, CA 92101.… Read More
The Real Story of Tony Curtis’ Last Will and Testament To an estate planning attorney what is astonishing is not that Tony Curtis disinherited his children, which frankly happens often enough not to produce comment, but that he did so publicly when he could have easily done it privately. … Read More
Trust accounting and probate accounting. 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… Read More
Obtaining Access to a Small Estate Question: Dear Sir: Father did not own any property and did not have a will. Was divorced before death from my mother. Never remarried. My mother believes I was named the executor during the divorce proceedings but I was never notified. My father got very sick soon after the divorce and died. Have one brother… Read More
Six Duties and Liabilities of the Executor or Administrator in California Probate Administration 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… Read More
What if a beneficiary receives more than they should? 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… Read More
Refining Estate Administration (an NBI seminar for Attorneys and Paralegals) Quickly resolve cases in probate while protecting your client’s legacy. Are you equipped to efficiently take estates through probate while still preserving an inheritance for beneficiaries? Join us and receive practical procedural tips shared by experienced practitioners that will assist you in handling the critical details and functions of a successful probate practice. March 23,… Read More
Do I need a revocable living trust? You should strongly consider a revocable living trust if any of the following are true: You own real property; you have over $100,000 in gross assets; you want to maintain your privacy; or you want to protect your children from squandering their inheritance.… Read More
