Living Trust Tag

Like Bob Jr. from our earlier post, most people are shocked to learn that probate offers the family no privacy whatsoever. Literally, anyone can go to any court in America, walk up to the probate filing window, and say, “I’d like to see such and such file number.” The clerk will turn over a file that will include the probate petition and lots of other documents containing the names and...

We continue our discussion of probate court today on the topic of probate court and minor children. The costs of probate will go up considerably if the succession involves orphaned minor children. But in that case, of course, more than money is at stake. When children are under eighteen, and no parent survives, the state or other “interested person” will seek a guardianship for the child’s...

Without a complete estate plan, even surviving spouses often have to go through long or short versions of probate to get full control of their family’s assets. In the meantime, terrible hardships can ensue. Wait! If your spouse dies—don’t you automatically get control of his or her assets, even if no will was signed? The answer is maybe yes, and maybe no. In most states, “title controls.” This...

How do most people choose a trustee? What process will they follow to pick a candidate for a job which involves the proper handling of attorneys, bank officers, gun collections, and possibly millions of dollars? Usually, mom and dad sit around the kitchen table filling out estate documents. They come to the blank for filling in the trustee’s name. Who will they choose to execute their will and...

When a loved one dies, it is an emotional time accompanied by confusion on what happens next. If you are named as the successor trustee, you likely haven’t had any experience dealing with the steps you need to take in settling your loved one’s Living Trust. If you are the Successor Trustee – or need to figure out who is – this simple guide provides a few steps you need to follow....

  THE LIVING TRUST For most of my clients, at the center of their estate plan sits a document known as a “living trust.” Sometimes, attorneys will create separate living trusts for spouses, and sometimes joint trusts, depending on their circumstances and state of residence. This type of trust is called “living,” because it goes into effect and protects you even while you are alive. It...

CunninghamLegal – The Living Trust Lawyers We have had the pleasure of spending time with Stephen Bezaire and his team and are honored that he has entrusted his successful, long-standing practice to us at CunninghamLegal. Our shared passion for the law and estate planning bode well for a smooth and seamless transition as Stephen heads to a well-deserved retirement. Most important is that...

CunninghamLegal – The Living Trust Lawyers When I was going to law school, I often received calls from family members and friends with legal questions they had ranging from contracts, landlord-tenant issues, divorce, personal injury, workers compensation and the list goes on. I would try my best to help answer someone’s legal question, but I quickly realized that it is impossible for an...

CunninghamLegal – The Living Trust Lawyers CunninghamLegal has just released it’s January 2017 Seminar Schedule and the first few weeks of the year are jam-packed with valuable, free education on Estate Planning, Living Trusts and Medi-Cal. Learn how: • Your Living Trust may fail to protect your valuable IRAs (401ks, Roth, 403(b)). • Your Living Trust may fail to protect your...