Many people believe that everything automatically passes to their spouse upon their death, regardless of how property is titled or any estate planning documents prepared. In some cases, this may be true. However, there are several situations where this may not be the case, and the surviving spouse may either not receive the property or may experience difficulty gaining access…
For this four-part series, we are discussing very common scenarios that we see in our trust administrations where real estate is involved. Real estate, particularly the family home, often has emotional and sentimental components that can throw a wrench in trust administrations. Beneficiaries often have conflicting ideas of what to do with the family home. We will continue using the…
For this four-part series, we are discussing very common scenarios that we see in our trust administrations where real estate is involved. Real estate, particularly the family home, often has emotional and sentimental components that throw a wrench in trust administrations. Beneficiaries often have different ideas of what to do with the family home. We will continue using the same…
Real property is often the most complicated trust asset for trustees to manage. Trustees often want to do their best while also pleasing the beneficiaries, who are often their siblings or family members, and still follow the terms of the trust. This four-part series will discuss common scenarios in our trust administrations involving real estate. To begin this discussion, some…
Effective January 1, 2022, California Probate Code Sections 15800 and 16069 are amended by Assembly Bill 1079. The change in law affects Trustees who assume their role when the settlor or trustor (the creator of the trust) becomes incapacitated. Typically, the person or persons who create a revocable living trust hold the power to be able to revoke the trust.…