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

When should I review or update my Living Trust?

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… Read More

Does Incapacity Confusion have you Incapacitated?

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… Read More

Letter of Last Instructions

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… Read More