California Trust Litigation Lawyers

When should I update or change my estate plan?

Whenever a significant life event occurs, you should update your will or trust. Some scenarios include buying a home, starting a business, the birth of children or grandchildren, getting a divorce, being diagnosed with a serious medical condition, or receiving a significant inheritance.

How do I avoid probate?

A Living Trust gives the title of your assets to a Trustee (usually you) to hold for your benefit. At your death, your named Successor Trustee holds legal title to your property and may transfer your assets to your named beneficiaries without probate. 

Probate is also avoided if all of your significant assets are held as “joint tenants with rights of survivorship” or have beneficiary designations. 

A loved one created a trust, and he/she passed away. What happens next?

Your family will undergo a process called Trust Administration. Upon death, the Successor Trustee must take steps to distribute Trust assets to beneficiaries and fulfill any other obligations of the Trust. We serve as counsel to the Trustee, aid with the administrative duties required of the Trustee, and take advantage of any benefits offered by the Trust.

How can I make sure my pets are taken care of after my death?

You can use an estate planning tool known as “Pet Trust,” which is created exclusively for the care of animals. A Pet Trust allows you to arrange for the care and maintenance of your animals in the event of your disability or death.

How can I avoid a conservatorship?

• An Advance Health Care Directive and a Durable Power of Attorney may help you avoid the need for a conservatorship.
• An Advance Health Care Directive is a document that allows you to name an individual to make health care decisions on your behalf if you are unable to do so yourself.
• A Durable Power of Attorney (for finances) allows you to appoint an individual to manage your finances if, for some reason, you are unable to do so.

If I have already been appointed as a limited conservator, do I also need a conservatorship of the estate?

It depends. You don’t need a conservatorship of the estate if the adult you care for receives public assistance, such as Supplemental Security Income (SSI), but has no other assets. However, if the adult has other assets, then a conservatorship of the estate will likely be needed.

What happens if there is an emergency, but there is no limited conservatorship?

If there is an emergency, the Court can appoint a temporary conservator. The Regional Center may also have the authority to make emergency decisions on behalf of the adult if no limited conservatorship has been established.

Can a trust protect my assets from Medi-Cal claims?
Yes, by establishing an Irrevocable Trust, you may prevent Medi-Cal from making an estate recovery claim against your assets. However, if you are receiving Medi-Cal benefits and you die without a trust, your estate will be administered through probate, at which time Medi-Cal can make a claim against your estate.

My father/mother has become incapacitated and does not have any estate plan in place. How can I manage their assets if they no longer have the capacity to do so?

You can manage the assets by being appointed as conservator of the estate. As conservator of the estate, you will have power over your father/mother’s financial affairs. As conservator, you will also have the duty to protect and preserve the assets from those who might exploit or take advantage of them. 

What happens if the successor trustee has also passed?

If no other persons or entities are nominated in the trust to serve as Successor Trustees, it may be necessary to file a petition with the Court requesting the appointment of a new Successor Trustee.

I was nominated as trustee of my mother/father’s trust. Do I have to hire an attorney to guide me through the trust's administration?

Although you are not required to hire an attorney, it is advisable that you do so. As trustee, you have several duties, such as:

• Identify, inventory, and protect all trust assets
• Pay taxes
• Notify creditors and pay outstanding debts
• Manage and distribute assets to the beneficiaries

Because your duties as trustee must be discharged in a timely manner and because a trustee may be personally liable for obligations arising from ownership or control of trust property, it is important that you have knowledgeable counsel to guide you through the administration of the trust.

I have a special needs child. Is there any estate planning tool that can help me provide for his/her needs and at the same time protect their assets without jeopardizing their eligibility for government benefits?

Yes. If you have a child with special needs, you may want to establish a “Special Needs Trust.” A Special Needs Trust can allow you to provide for the needs of your child and ensure that he/she remains eligible to receive government benefits.