Recent Blog Posts
When Can Courts Exercise Authority Over “Internal Affairs” of a Trust?
PROBATE COURTS HAVE EXCLUSIVE JURISDICTION OVER THE INTERNAL AFFAIRS OF CALIFORNIA INTER VIVOS TRUSTS When an issue, dispute, or matter relates to the “internal affairs” of a California inter vivos trust, the California Probate Courts have exclusive jurisdiction over the proceedings. “Exclusive jurisdiction” means that only the probate court has the right to resolve… Read More »
Court Authority Over Family Trusts
WHICH COURT HAS JURISDICTION OVER FAMILY TRUSTS? The answer depends on where the trust was formed, where its assets are located, and the terms of the trust agreement. However, in most cases, an inter vivos (often called “family”) trust that is formed in California by a California settlor* falls within the general jurisdiction of… Read More »
What Information Must Trust Notices Contain?
ARE THERE LEGAL REQUIREMENTS FOR THE CONTENT OF A NOTICE FROM A TRUST? Yes. California Probate Code Section 16061.7 establishes the baseline legal requirements for when the trustee of a trust must send notices to heirs and beneficiaries, and what information those notices must contain. WHAT INFORMATION MUST A TRUST NOTICE CONTAIN? At… Read More »
Who is Entitled to Receive Official Notices From a Trust?
WHEN MUST NOTICES BE SERVED ON THE DECEASED SETTLOR’S HEIRS? Official statutory notifications must be served (in most cases, by mail or registered mail) on the heirs of the deceased settlor of a trust when the settlor’s living trust becomes irrevocable (a) the death of a settlor of the trust or (b) the trust… Read More »
What is a “Professional Fiduciary”?
WHAT IS A PROFESSIONAL FIDUCIARY? Put simply, a professional fiduciary is a person who acts in a fiduciary capacity, as a business endeavor, in exchange for pay. There are numerous laws that define and govern the acts (and qualifications, and definition) of professional fiduciaries; this post will talk only about professional fiduciaries who act… Read More »
Do Assets in a Trust Have to Go Through Probate?
DO TRUST ASSETS HAVE TO GO THROUGH PROBATE? Sometimes. The answer depends on a number of factors, including (but not limited to); the type of trust the type of assets whether the assets were properly placed in or transferred to the trust and several other, less common, legal issues PROPERTY HELD IN AN INTER… Read More »
What is “Court Supervision” of a Trust?
COURT SUPERVISION REFERS TO A PROBATE COURT OVERSEEING TRUST PROCEEDINGS Although many inter vivos trusts are designed to avoid probate and other proceedings involving the court after the settlor’s death, there are circumstances in which the probate court will (and in some cases, must) oversee the administration and handling of a trust. “Court supervision” refers… Read More »
What is the Difference Between an Inter Vivos Trust and a Testamentary Trust?
A TESTAMENTARY TRUST IS CREATED IN A WILL AND FUNDED THROUGH PROBATE As the name suggests, a “testamentary” trust is created in a testament — either a will or an addendum to a will called a codicil. Although the terms of a testamentary trust are established in the will, the trust itself does not come into… Read More »
What Are the Damages for a Trustee’s Breach of Fiduciary Duty in California?
TRUSTEES HAVE FIDUCIARY DUTIES TO THE BENEFICIARIES OF A TRUST Trustees are agents who hold and manage manage the assets of a trust (the trust estate) on behalf of the beneficiaries. The trustee owes fiduciary duties to both the current beneficiaries (those with current interests in the trust estate) and remainder beneficiaries (those whose interest in the… Read More »
Who is Entitled to See a Trust When the Settlor Dies?
BENEFICIARIES AND HEIRS CAN REQUEST “THE TERMS OF THE TRUST” AFTER A SETTLOR DIES California Probate Code ( § 16061.5) requires trustees to provide a true and complete copy of the terms of (a) an irrevocable trust, or (b) the irrevocable portion of a larger trust to any of the following persons after a… Read More »
