When a loved one passes away an executor is responsible for settling their estate, according to the terms of their will or trust. This includes the distribution of assets to the proper beneficiaries, although assets can also be placed in a trust for a beneficiary. All debts, expenses and estate taxes must be paid before a beneficiary can receive any assets, including money. The executor is bound to follow the […]
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Discovering that an individual has been stealing from an estate is a common problem, particularly for people who have substantial assets. Those living in the state of California, are covered by the California Probate Code, which provides statutory bases for pursuing the wrongdoer. Depending on the circumstances, the penalty can range from requiring the abuser to return the stolen money or assets to more severe punishments, such as double damages, […]
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The purpose of a will is quite simple: a legal document recording what should be done with property, assets and personal belongings in the case of death. However, the actual process of executing a will is actually quite involved, requiring an assigned executor to complete it. However, this process can become even more complex in the case you can’t trust the will executor. In this instance, what can you do […]
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You often hear the phrase, “fiduciary duty,” but what does that mean when it comes to managing a trust? First and foremost, trustees, are bound by a fiduciary duty to the beneficiaries of a trust. Under the law, there are three elements of fiduciary duties involving a trust: a duty of loyalty, a duty of care and the duty of full disclosure. The duty of loyalty refers to the trustee’s […]
Continue readingChoosing an executor and trustee can be a difficult decision to make. According to some financial planners, “Your estate plan is only as good as your executor or trustee.” The person you select will be responsible for managing the trust for your beneficiaries and ensuring that your wishes are executed. To avoid mismanagement of your estate plan, consider these five qualities when choosing an executor or trustee: 1. Business or […]
Continue readingIf you currently serve as a trustee, you know how time-consuming the administration process can be. You must maintain strict documentation regarding trust transactions and, in some cases, appear as the estate’s representative in court. However, if you are the beneficiary of an estate, you may be questioning your own trustee’s fees. After all, we have often heard of cases where trustees charge exorbitant fees and abuse their power. By […]
Continue readingJust because you have been named the executor of an estate does not mean that you must accept the position. In fact, before you do, you should decide if you are best-suited to assume the role. Being the executor of a high-asset estate comes with far greater challenges than many executors of small estates will face. With so much on the line, it is critical to take a step back […]
Continue readingEven in the early stages of the estate planning process, many of our clients already have a fiduciary or fiduciaries in mind they want to name in their plan. A fiduciary or fiduciaries are trustees who are named in a trust or executors who are appointed in a will. However, deciding on a fiduciary is not a decision that should be made on a whim. There are some critical aspects […]
Continue readingHow the probate process goes for a complex estate is impacted by many things. This includes the actions of the personal representative selected for the estate. This person serves many important roles during the probate process. This includes the management of the estate and its distribution. There are many conversations that can be very important for such individuals to have during the probate process. For one, good communication between the personal […]
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