Losing a loved one can be overwhelmingly emotional. And if your loved one named you as their personal representative – or the executor of their will – you often also face an additional level of stress on top of your grief as you begin the probate process. Then, as you...
Trustees Executors & Fiduciaries
SNT trustees must protect eligibility for benefits
In past blog posts, we discussed the important duties individuals have when chosen to be a trustee. Trustees of a special needs trust (SNT) share these same responsibilities, but they also have additional duties to meet the needs of the beneficiary of an SNT. For...
Can Executors turn down the job?
It can be an honor if a loved one named you as the executor of their will, also referred to as a personal representative. It means they trust you to handle their most important affairs and carry out their wishes. However, acting as an executor is often a tough and...
How do you close a probate estate?
It is no secret that the probate of an estate can be a long and complicated process. There are several details families must be aware of and steps a personal representative must complete to bring the estate to a condition for it to be closed and distribute the assets...
Trustees: Keeping detailed records is critical
Taking on the role of a trustee is a great responsibility. In the past, we have discussed the particular legal duties that trustees have when administering a trust in California. However, another essential task all trustees should complete is keeping records...
What are the elements of a trustee’s fiduciary duty?
Most individuals chosen to serve as the trustee of a loved one's trust understand that they have a specific set of duties to fulfill. Together, these responsibilities make up the fiduciary duty. Trustees have a fiduciary duty to the beneficiaries to act in their best...
Healthcare agents must be prepared
Unfortunately, there is no way to predict when a medical emergency could happen. But Californians can take measures to plan for situations like these. When an individual gives someone they trust healthcare powers of attorney, they also give that person the...
How much info should you give your family about your estate plan?
When you're creating your estate plan, you'll need to determine what details you want to share with family members and what to keep to yourself. Of course, there are some things you'll need to discuss with at least one or more family members. For example, you need to...
Choosing the wrong trustee can be a costly mistake
Among the most important decisions you'll make as you create your estate plan is naming the trustees and successor trustees of your trusts. A dishonest trustee can take all of your hard-earned assets and keep them from the loved ones and beneficiaries you intended to...
Why revocable living trusts take precedence over wills
A comprehensive estate plan is often comprised of a number of documents. It's crucial that they don't contradict one another. This can cause confusion, delays and expense when it comes time for your executor(s) to settle your estate. Therefore, if you make changes to...