Tag Archives: probate
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 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 »
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 »
Can I Sue Someone for Interfering With My Inheritance?
If your situation meets the required elements for a legal claim, you absolutely can. INTENTIONAL INTERFERENCE WITH EXPECTED INHERITANCE In California, intentionally interfering with another person’s expected inheritance is a tort (a civil wrong, which allows a person to sue another person in court, assuming the elements are met). Essentially, a claim arises when… Read More »
