Living Estate A Living Estate is what we own while we are alive. All of those things that go into your financial junk drawer: your cash, real property, vehicles, jewelery, 401K accounts, etc., are part of your living estate.… Read More
How much should I be compensated as trustee? 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?… Read More
When are Living Trust beneficiaries entitled to accountings from the trustee? Beneficiaries of a living trust are entitled to accountings only when the trust becomes irrevocable.… Read More
What is a ‘testamentary trust’? 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.… 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
Considering a Special Needs Trust? 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… Read More
