Tag Archives: trust lawyer
Do Trustees Need Lawyers for Court Proceedings?
DO TRUSTEES NEED A LAWYER TO FILE TRUST PROCEEDINGS IN PROBATE COURT? Sometimes TRUSTEES CAN FILE PETITIONS FOR INSTRUCTIONS, AND SIMILAR MATTERS, IN PRO PER If the trustee of a trust has questions about his or her duties, or actions (s)he may or must take as trustee of the trust, the trustee can… 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 »
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 »