In California, generally, a trustee, “… has a duty not to delegate to others the performance of acts that the trustee can reasonably be required personally to perform … [Probate Code section 16012.” Important exceptions exist for delegating investment and management functions, which come with their own requirements [Probate Code section 16052]. Let us discuss […]
posted on: October 30, 2026
Read MoreA trust is a legal arrangement where a person, called the settlor, transfers assets into the ownership and control of a trustee for the benefit of the trust beneficiaries. The arrangement involves one or more settlors, one or more trustees, and one or more beneficiaries. The settlor (aka, the trustor or grantor) establishes the trust […]
posted on: October 3, 2026
Read MoreMost California residents know about the Advanced Healthcare Directive, but very few have heard about the Psychiatric Advanced Healthcare Directive (“PAD”). The PAD is a standalone health care instrument that, “… allows a person with mental illness to protect their autonomy and ability to direct their own care by documenting their preferences for treatment in […]
posted on: September 11, 2026
Read MoreAt death, a person’s revocable living trust becomes irrevocable. It may leave inheritances outright (free and clear of trust) or it may transfer inheritances into one or more sub-trusts for continued management. Subtrusts are contained, as implied, within the same master trust instrument (document) as the original revocable living trust. A subtrust, therefore, shares administrative […]
posted on: August 31, 2026
Read MoreEstate Planning requires sufficient consideration of what is going on both presently in the life of the client and their family and what is likely to occur down the road. Such a discussion is both broad and in depth and takes the attorney and the client into topics that the client may not have considered. […]
posted on: August 14, 2026
Read MoreMost trusts name family members, typically the settlor’s child(ren), as successor trustee, who have no relevant professional qualification or experience for the job. These non-professional trustees are still fiduciaries and as such have fiduciary duties and their attendant standards of care (standards for performance of duties). Failure to perform duties according to the relevant standard […]
posted on: July 30, 2026
Read MoreIn California, certified death certificates are essential for initiating estate administration, determining jurisdiction via the decedent’s residence, and managing beneficiary rights. These documents are required to transfer title for joint tenancy or real property, claim retirement assets, to claim Pay on Death (“POD”) and Transfer on Death (“TOD”) financial accounts, and to initiate probate and […]
posted on: July 17, 2026
Read MoreSettling a decedent’s estate can involve multiple approaches and even multiple estates, due to the nature of the decedent’s assets involved and how such assets are variously titled. Each asset is considered on its own terms. Each estate is separately administered. Depending on whether a decedent had effective and complete estate planning, the administration of […]
posted on: July 4, 2026
Read MoreSettling a decedent’s estate can involve multiple approaches and even multiple estates, due to the nature of the decedent’s assets involved and how such assets are variously titled. Each asset is considered on its own terms. Each estate is separately administered. Depending on whether a decedent had effective and complete estate planning, the administration of […]
posted on: July 4, 2026
Read MoreFriends and unrelated care givers are not treated the same as family in the California Probate Code; they are never one’s heirs. Nevertheless, people do leave gifts to friends and unrelated care givers. Heirs are favorably entitled to inherit a deceased person’s estate in the absence of any will or trust. One’s heirs depends on […]
posted on: June 12, 2026
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