Tag Archives: estates
How Do I Bring a Claim Against a Trust?
HOW DO CREDITORS BRING CLAIMS AGAINST A TRUST AFTER THE SETTLOR DIES? When trust or administration proceedings begin, the Trustee must give notice to all creditors of the trust (or estate) by complying with applicable laws relating to creditors and notice. Where the trust is administered without court supervision, this notice generally is given… Read More »
What is a “Pour-Over” Will (or Devise)?
A VALID “POUR-OVER” WILL ADDS PROPERTY TO THE TESTATOR’S TRUST AT THE TIME OF DEATH In California, a person can add property to a trust (or even create a trust) in his or her will. The term for this type of will (or provision in a will) is a “pour-over” because it “pours” the property… Read More »
What is a Trust, and How Are Trusts Created in California?
WHAT IS A TRUST? In California (as in other U.S. states), the law establishes various ways in which the property of a deceased person (a “decedent”) passes to his or her heirs. When the decedent leaves only a will, or dies without any valid estate planning documents, the decedent’s property (called the “estate”) usually… Read More »
