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Recent Posts in Trust Category

When a CA senior with a joint bank account dies, do the funds belong to the decedent's estate or the co-signer?

California courts have long grappled with this issue -- when a California senior dies with joint bank account, who does the money belong to? Is it the decedent's estate, or the surviving joint ...
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Can my Will leave a gift to someone on the condition that he or she get divorced?

In California, probably not. It's fairly common for a person to want to leave an inheritance to someone, "but not if he or she is still married to that monster." A gift conditioned on ...
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How can I obtain a Federal Tax ID Number (TIN or EIN) for a Trust?

Applying for a federal Employer Identification Number (EIN) or Tax Identification Number (TIN) is a free service offered by the Internal Revenue Service. Beware of websites that charge for this free ...
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Do your New Year's resolutions include estate planning?

The untimely deaths of some celebrities ( Paul Walker, James Gandolfini and Cory Monteith, to name a few) in 2013 underscore the need to create your estate plan now. So is one of your 2014 resolutions ...
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I'm a Trustee? What happens if I don't send a §16061.7 notice?

If the Trustee of a California Trust fails to send the required Notification by Trustee (also called a California Probate Code §16061.7 Notice ), or fails to properly serve the Notice on its ...
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I'm a Trustee. How may days before I have to send the §16061.7 notice?

In most cases, California Probate Code §16061.7 requires that the Trustee send the Notification by Trustee within 60 days of the triggering event (usually the death of the Trust's Settlor). ...
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What information must a §16061.7 notice contain?

When the Trustee of a Trust is required to send a §16061.7 Notice (also called " Notification by Trustee "), according to California Probate Code §16061.7(g), it must include 5 ...
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What is a §16061.7 notice?

Under Section 16061.7 of the California Probate Code, certain Trustees are required to send a legal notice to the Trust's beneficiaries and other interested parties. In estate planning law, this ...
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What's the difference between a Settlor, Trustor, and Trustmaker?

A good question. And the answer is quite simple. As used in estate planning law, the terms " Settlor ", " Trustor " and " Trustmaker " are all interchangeable. They all ...
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Is my Will a "Pour-Over" Will?

A " Pour-over Will " is one that leaves your otherwise probatable assets to your Trust. But rarely will you see the words "Pour" or "Over" in the title of your Pour-Over ...
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Do I need a Living Trust?

We get this question a lot. And the California State Bar Foundation (one of our favorite providers of free, easy-to-read consumer guides on many legal subjects) does a good job providing the answer: ...
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Do I have to give a copy of my Trust to the bank?

Your Trust is a private document. It usually contains confidential information about you, your family, and even the people you're disinheriting. You probably don't want the bank knowing who ...
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What does it mean to "fund" a Trust?

When attorneys talk about "funding a Trust", they're talking about the process of transfering assets to the Trust. A Trust (sometimes called a Family Trust, Living Trust, or Revocable ...
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