Probate Litigation | Trust | Trust Litigation |
What is a Living Trust?
The answer to this question depends on several factors. In some cases, when a decedent had a living trust that owned all of his assets, it may be possible to conduct a trust administration that does not involve the probate court. In other cases, some assets may require a probate administration.
Creditors Claim: How to invoke the procedure to limit and eventually stop creditors from filing new claims
For a California trustee, the process of invoking the creditors claim procedure in trust administration works as follows: A notice to creditors on the decedent’s behalf is published to a local newspaper.
If the attorney who drafted the will or trust named themselves as the executor or trustee, am I required to use that Attorneys Services?
You are not required to use drafting attorney services as executor or trustee, and you may not be required to use their services at all.
Probate | Probate Litigation | Trust Litigation |
I want to hire an attorney but my co-trustee doesn’t want me to hire an attorney. What can I do?
Each co-trustee has the right to hire their own attorney. The California Probate Code (which is the law that governs trusts) provides each trustee, or co-trustee, to hire their own lawyer. The other co-trustee has no right or ability to stop his fellow co-trustee from hiring his or her own probate lawyer.
Trust | Trustee Duties | Will |
How to know if parents had a Will or Trust when they died
If you are unsure of whether or not your parents had a will or trust when they died, know what steps you can take to find out. Probate may be necessary.