In California, married couples have what’s known as a spousal fiduciary duty to one another under the state’s Family Code. According to the code, the marital relationship “imposes the duty of the highest good faith and fair dealing on each spouse, and neither shall take unfair advantage of the other.” This means that if one […]

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When a family member dies, even the closest of siblings can become estranged, especially when money or property is at stake. Probate issues have a way of bringing out siblings’ stubbornness and reviving contentious emotional discussions as well. Because most siblings don’t find themselves involved in probate litigation until they reach their 50s or 60s […]

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Very few people actually seek to become an executor of an estate or the trustee of a trust that becomes active after someone dies or becomes incapacitated. It is a dubious honor, typically unpaid, that can create a lot of personal stress as well as interpersonal conflicts. People that you have known your whole life […]

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Choosing someone to manage a trust is one of the most significant estate planning decisions you’ll make. This is particularly true if you’ve set up a trust to provide for family members, both while you’re still alive and after you’re gone. However, sometimes a trustee doesn’t live up to your expectations. He or she may […]

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The duty of a trustee is to manage the assets in a trust in accordance with the terms designated for the benefit of the trust’s beneficiaries. If you set up a living trust for yourself and are the beneficiary, you have the right to take money or assets from it as you choose. However, if […]

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A recent blog touched on the topic of getting a parent to accept that he or she can no longer live alone and requires the care assisted living can provide. This entry will delve deeper into the topic while detailing how adult children can get an accurate – yet informal -assessment and evaluation of their […]

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You’re growing worried about your parent. Alzheimer’s has set in, and memory issues have turned into safety issues. Maybe a stove was accidentally left on. Maybe your parent got lost outside of the house and couldn’t get home. You think it’s time for mom or dad to go into an assisted living center, just for […]

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Approximately half of all Americans have no estate plan — not even a will. Many people understandably don’t want to contemplate their own demise. Others assume that their family will sort things out once they’re gone. Some think that they don’t have enough assets to make it worthwhile. However, by not having an estate plan, […]

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Being named as the executor of someone’s estate, or the trustee of a trust, can seem like an overwhelming responsibility. In order to avoid being overwhelmed, it is important to understand your duties as executor or trustee. While below are some of the basics concerning your new duties, the advice of legal counsel while managing an estate or […]

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Too often, people who don’t have children don’t have a will or other estate planning documents in place. However, in many cases, these are the people who need them the most. Even if you don’t have children, you likely would prefer that other family members, favorite charities or even close friends get all of your […]

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