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Archive for the ‘Trust Administration’ Category

Transferring Small Estates without Probate

Monday, January 30th, 2012

As of January 2012, California law allows inheritors to completely skip probate when the deceased had a “small estate” whose value was no more than $150,000 in ordinary assets and up to $50,000 in real estate.  Because numerous items – including cars, jointly owned property, and everything in a living trust – can be excluded in calculating these amounts, this law can help many families avoid the time and costs of going through probate. Here are the steps for a “small estate” transfer. (more…)

Mending Broken Fences with San Diego Trust and Probate Mediation

Friday, October 28th, 2011

If you’re faced with probate or living trust disputes, through mediation you may be able to get the resolution you need to ease the conflict.  It’s worked for many San Diego families.  Mediation is a process where you and the other parties meet both separately and then together with a mediator, who’s a neutral third party trained to help resolve disagreements.  It’s done outside of court, which means you and the other parties are in control of what happens and can agree on your own resolution, instead of having a judge decide for you.  It also saves the time and cost of fighting over the issues in court proceedings.  Typical probate and trust disputes that can be resolved through mediation, if the parties are willing, include: (more…)

Trust Administration Problems: How to Handle an Ineffective Trustee

Friday, July 29th, 2011

Probate can be avoided with a living trust.  Once the person who created the trust passes away, the “trustee” (a person named in the trust to assume this role) becomes responsible for “administrating” the trust.  This means trustee is legally required to manage and distribute the property of the living trust in the exact way specified by the living trust document. Unfortunately, though, sometimes the chosen trustee is ineffective and must be removed by a court order.  In this case, the court will name a different person to be the new trustee. (more…)

All is Not Done Behind Closed Doors: Accounting to Beneficiaries of a Living Trust or Probate Estate

Friday, January 8th, 2010

To make sure that beneficiaries to a will or living trust aren’t kept in the dark when it comes to the money being spent, earned, and distributed from the estate, California law requires that certain people who are in charge of handling the estate or trust property provide accountings.  The right to an accounting becomes even more important when administering a living trust because there’s much less court oversight than there is when property is distributed by the probate court when a person passes away with or without a will.  Every trust designates a “trustee” to handle administration of the trust and distribution of its assets.  If a person dies with a will, these responsibilities can fall on the “executor” who was named in the will, and when neither a trust nor a will is left behind, an “administrator” will be appointed for the job.  (more…)


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