Over the past few months, we have discussed three very common scenarios where real estate is involved in a trust administration and where beneficiaries may not agree or have different ideas of what to do with the real estate. Part I of this series tackled the common issue of one sibling wanting to keep the home as an investment property…
If you’re someone who is serving in the role of trustee, executor, conservator, or guardian, acting as a personal representative for someone’s estate in California, did you know that the state has specific guidelines for probate accounting? According to section 16062, the California probate code requires representatives to provide an accounting at least once a year. The purpose is usually…
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…
For parents of special needs children, the estate plan is much more than a vehicle for the transfer of wealth to the next generation. The plan must take the parents’ place in their child’s life. For parents whose child will always require the care of someone else, just the thought of what the child’s life will be like after their…
Imagine this scenario: your cousin, David, dies without an estate plan here in California. He had no children or further descendants. He has no living siblings, parents, grandparents, or aunts or uncles, but he does have you, his first cousin on his dad’s side. His only first cousin that you are aware of. You petition the court to open a…
Assembly Bill 1663 went into effect on January 1, 2023 amending the California Welfare and Institution Code to add new sections enacting the Supported Decision-making law. The law formalizes supported decision-making in order to reduce the number of people who might otherwise have their rights removed by a conservatorship. What is supported decision-making and how does it work? Supported decision-making…