Trust Litigation

120 Days to Bring an Action to Contest a Trust Probate Code 16061.8 Talkov Law

120-Day Deadline Applies Only to Actions to Contest a Trust [Probate Code 16061.8]

120-Day Deadline in Probate Applies Only to Actions to Contest a Trust Many attorneys attempt to confuse trust beneficiaries and other parties by claiming that the 120-day deadline to contest a trust applies to actions not barred by this deadline. Specifically, California Probate Code 16061.8 states that: “No person upon whom the notification by the … Read More

Heggstad Petition [California Probate Code 850]

What is a Heggstad Petition? California Probate Code 850, also known as a Heggstad petition, is a judicial proceeding used to avoid costly and time-consuming probate proceedings by petitioning the court to transfer property that should have been titled in the name of a trust (but was not) into said trust after the decedent has … Read More

Civil Code 789 - Tenancy At Will - Eviction of Unwanted Guests in California

Tenancy At Will California – Eviction of Unwanted Guests – Civil Code 789

A tenancy at will, also known as an at will tenancy, is always a great situation for the tenant. The arrangement was often formerly fulfilling for the landlord because they get to help someone who they care about. These situations may get sticky, however, when the landlord attempts to remove the unwanted roommate, former employee, … Read More

Family Code 1100(b) - Spouses Can Gift No More than Half of the Community Property

Family Code 1100(b) – Spouses Can Gift No More than Half of the Community Property

Community Property Laws Allow Spouses to Give Away No More than Half of the Community Estate, During Life or Upon Death in a Will or Trust While many spouses have tried, the law does not allow a living or deceased spouse to give away more than half of the community property marital estate, including in … Read More

Breach of Duty California Trusts Attorney Lawyer

When Can I Sue a Trustee of a Family Trust?

What Can I Sue a Trustee For? Various issues can arise when choosing, drafting, or funding a trust. Knowing the duties and of both the trustee and the beneficiary is an important step to better understanding the complicated nature of wills and trusts. We highly recommend you consult with an experienced trust & estate attorney … Read More

Trustee Fiduciary Duties Trust Estates Probate Attorney California

Ultimate Guide to Trustee Duties in California

Trustee Duties under California Law for a California Trust A trustee is a fiduciary appointed to fulfill the requirements of a trust. If a trustee does not abide by trust instructions or their legal obligations, probate litigation can be used to suspend, remove, replace, and recover damages from the trustee. Cal. Prob. Code, §16420. The … Read More

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