News & Analysis as of

Trusts California

Allen Barron, Inc.

The Prudence of Estate Planning

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The prudence of estate planning extends far beyond the question of “what happens to my money, assets, and belongings at the end of my life?” Estate planning facilitates shrewd planning and management of one’s life and...more

Allen Barron, Inc.

What Can an Experienced San Diego Tax Attorney Do For You?

Allen Barron, Inc. on

What can an experienced San Diego tax attorney do for you? San Diego is uniquely positioned to support any local, regional, national, or multinational business or corporation. The proximity of San Diego to Mexico (the United...more

Weintraub Tobin

Navigating Business Interests as a Fiduciary in California

Weintraub Tobin on

Administering a trust or probate estate is challenging enough—but what happens when you, as a private professional fiduciary, are tasked with managing a business interest? Whether you’re a professional trustee, conservator,...more

McManis Faulkner

May a Trustee use Trust Funds in Beneficiary Disputes?

McManis Faulkner on

In California, trustees have a fiduciary duty to act impartially and in the interest of all beneficiaries. But what happens when a trustee uses trust funds to finance litigation that benefits only certain beneficiaries—or...more

Law School Toolbox

Law School Toolbox Podcast Episode 503: Listen and Learn -- Present and Future Estates (Part 2)

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today, we're diving into the second part of our discussion on present estates and future interests. Previously, we reviewed the default property interest, the fee simple...more

Lewitt Hackman

Second Marriage Prenup: Protecting Your Assets and Loved Ones

Lewitt Hackman on

While second marriages represent a fresh start and an exciting journey, consider the potential financial and legal outcomes before you re-tie the knot. A prenuptial agreement (prenup), a contract that outlines both spouses’...more

The Estate Lawyers

Estate Law Update: Millions More California Homes Eligible to Bypass Full Probate Process

The Estate Lawyers on

Before shifting my practice from estate planning to estate litigation, I witnessed up close the challenges and frustrations associated with the California probate process. That has changed for many Californians. Assembly Bill...more

The Estate Lawyers

Lesson for Couples: Act now while you are well to avoid financial calamity in the event of cognitive decline.

The Estate Lawyers on

It was a heartfelt move by a high-profile person. Renowned comedian and former talk-show host Jay Leno took significant steps to ensure the well-being of his wife, Mavis, who has dementia, should he die before her. Unable to...more

The Estate Lawyers

The Importance of Formal Communications When Amending Trusts

The Estate Lawyers on

A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was...more

The Estate Lawyers

More Primary Residences Will Soon Be Eligible to Bypass the Full Probate Process in California

The Estate Lawyers on

California’s Assembly Bill 2016 – which goes into effect April 1 – introduces significant positive changes to the probate process, particularly for primary residences. The law raises the value threshold for primary residences...more

Allen Barron, Inc.

Estate Planning for Pets in San Diego and Throughout California

Allen Barron, Inc. on

What do you need to know about estate planning for pets in San Diego and throughout California? What are some of the essential elements of an effective estate plan that will protect your beloved companion(s) while ensuring...more

Best Best & Krieger LLP

Living Trusts and Residential Real Estate, Concerns After Wildfires

If you have established a living trust and own real estate, you were likely advised to transfer the real estate to your trust. A living trust may also be known as a “revocable trust,” “inter vivos trust,” or “family trust.”...more

Patton Sullivan Brodehl LLP

Lis Pendens Upheld in Claim Against Sham Trustee Who Transferred Trust Property

A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real property described in the notice. Any person later acquiring an interest in...more

Downey Brand LLP

So What is a Trust, Really? Newell v. Superior Court and the Worst Party Game Ever

Downey Brand LLP on

Hey everybody – it’s January! How was your New Year’s Eve? How did you celebrate? Did you go to a party? Did you host a party? Were there games at your party? What kind of games? Charades? Jenga?  Maybe you went crazy and...more

Downey Brand LLP

Flying Too Close to the Sun: The Scope of a No-Contest Clause Disinheritance Under Key v. Tyler

Downey Brand LLP on

This blog has previously mentioned the most common question we hear when people find out we work in probate litigation: “What can I do to make sure my family doesn’t fight over my property after I die?” Because I am a...more

Allen Barron, Inc.

Estate Planning for Business Owners

Allen Barron, Inc. on

What are some of the fundamental issues when estate planning for business owners? Why should every business owner have an estate plan? What are some of the primary issues to address in an effective estate plan for those who...more

Downey Brand LLP

Haggerty v. Thornton Overcomes a Four-on-One Advantage and Scores a Slam Dunk for Trust Settlors

Downey Brand LLP on

For centuries, serious legal scholars have debated what is possibly the most vital question of our times: in what ways, if any, does our judicial system differ from basketball? Now, thanks to the California Supreme Court’s...more

Buchalter

Newly Enacted California Consumer Financial Protection Law (AB 1864) Reorganizes and Renames Financial Institutions Regulator for...

Buchalter on

California has enacted a new California Consumer Protection Law (CCFPL), California Financial Code Section 90001 et seq. The CCFPL will convert the Department of Business Oversight (DBO) into a new Department of Financial...more

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