A contingent beneficiary is the backup person, trust, or organization who receives an asset only if the primary beneficiary cannot or does not take it. That backup waits in line. The first choice still takes the asset if that person is alive, eligible, and willing. If your will already names your child, why would the…
You've just moved money into an irrevocable trust for your children or grandchildren, perhaps to pay life insurance premiums or build savings over time. The deposit cleared, so it's tempting to assume the gift is automatically tax free. For many California families, that assumption is where trouble starts, because a Crummey trust notice is the…
You've printed the will, gathered the family, and assumed a signature will finish the job. Then probate starts, and the court asks a different question. Was this document signed correctly, witnessed correctly, and preserved as an original under California law? An Orange County family learns that lesson when a typed will sits unsigned in a…
You may be dealing with a family home that passed to several siblings, a title report that uncovered an old claim, or a buyer who won't perform under a signed agreement. Each problem concerns real estate, but each calls for a different legal response. The practical question isn't whether to hire a lawyer. It's which…
In California, you generally have 120 days from the date the trustee serves a valid statutory notice to file a trust contest, or 60 days from the date you receive the actual trust terms if that happens during that window, whichever is later. If you wait past that deadline, you may lose the right to…
A loved one has died, and you're trying to access a bank account, brokerage account, or other personal property without opening a full probate case. At the same time, you may be looking at a house or other real estate and wondering whether the same paperwork can transfer it. In California, that distinction matters immediately….
A trust administration attorney acts as a fiduciary guide, ensuring the settlor's wishes are followed legally and efficiently. Trust administration typically costs 0.5% to 1% of the estate value, compared with approximately 2% for probate. A successor trustee may receive the appointment as a vote of confidence, then discover that the role involves far more…
Yes, a trust can be contested in California, but you generally have only 120 days after receiving formal notice to file a challenge, and success depends on proving specific legal grounds like undue influence or lack of capacity. The deadline may begin with service of statutory notice, not the day you personally discover suspected wrongdoing….
A parent dies, and the family assumes the house will pass to the surviving child or spouse. Then someone reads the deed and discovers that the property was held as tenancy in common, not with a right of survivorship. The deceased owner's share may now belong to the estate, creating a probate matter, possible disagreement…
Under California law, the attorney-client privilege does survive a client's death so long as a personal representative exists and the estate remains open. That default rule carries major caveats, especially when no personal representative has been appointed, the estate is already in litigation, or the communications concern a will, trust, or property dispute. A death…