Tag Archives: California trust lawyer
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 »
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 Kinds of Trusts Can Exist in California?
WHAT IS A TRUST? In the law, a “trust” is a legal relationship that relates to property. People think of a trust as a “thing,” but in reality, a trust is a set of relationships, defined with respect to property. The property that is held in a trust is called the trust estate or trust corpus…. Read More »
