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California Trustee Powers

A lot of times when I go through a trust client’s ask “why is that there?”  Of course these documents are based on forms and some of the form is “boilerplate” and the same for most clients.  Our forms have been tweaked over 30 years of development to have what we think our the crucial […]

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California Trust Administration in Court

As I have said before there it is amazing how many questions are answered in the California probate code relating to California probate, trusts, estates, estate planning, and related matters.  I have an interesting case right now where there is confusion with some poorly written terms of a trust and there is no successor trustee named in […]

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Funding an Unfunded Trust

There are so many reasons why a trust remains unfunded or only partially funded at death. I have talked about it before. The most common situations are: 1) re-fi or reverse mortgage taken out before death. The house is usually removed from the trust to complete the loan and the title company does not put […]

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Probate Beneficiary Representation

I represent a lot of executors, administrators, trustees and personal representatives (collectively we will call them a “fiduciary”) in California probate and trust and administration cases.  Likewise I sometimes represent a beneficiary in a case. That is I make sure that the beneficiaries or an “heir at law” is represented so that the fiduciary does their job properly. […]

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California Trust Administration 101

California trust administration (typically after death) is more involved than a lot of people realize. Yes, a properly funded California living trust avoids probate. That’s totally true. However, many trusts are not properly funded before death.  Moreover, even for trusts that are properly funded before death there are a number of issues that the trustee […]

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Watching Mom’s Money

It seems I am very often dealing with cases where the son, daughter or other “trusted” person steals from mom or dad late in life.  That is, when mom and dad are most vulnerable their most trusted loved ones are stealing from them.  Yes, it’s sometimes called “borrowing” and sometimes called “payment for services” and […]

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California Heggstad Petition

I have blogged several times before about the California Heggstad petition. It’s a way to get an asset into a trust after death without going through a full probate. However, I had to think about it how many different ways I have seen people ask about this petition? The official case, that generated the “law” […]

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Transferring Property to Trust AFTER Death

I have written before about Heggstad petitions.  In particular you can see my formal article, with case background information, on my website at https://californiaprobate.info/probate/petition-related-to-trusts As stated there a Heggstad petition is a way to get property (real and personal) into your California trust AFTER death.  It can be used for almost any assets: bank accounts, stock […]

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California Probate and Trust Administration

Each July I get the opportunity to guest lecture at the income tax class taught by Folsom, CPA, Daniel Staszak. My notes from this year’s presentation are below for your review. July 14, 2011   Dan Staszak’s CFP – INCOME TAX class    60 Minutes – Probate/Trust Admin   I. Introduction A. JBP – 17th year – Cert […]

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Disclaimers in California Probates

Disclaimers are an incredible tool to be used in California estate planning, trust and probate law. Typically they are used after death in probate and trust administration settings. In some cases people call it “after death estate planning.” In any event it is a very powerful tool that not enough California attorneys know about. Below are […]

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