Trusts and Estates Articles

What Happens to Your Property if You Die Without a Will in California? (Infographic)
If you die without a will, your property will be distributed to your heirs according to the laws of your state. Lawyers call this “intestate succession.” The result may or may not coincide with your own wishes, but will almost always cost your loved ones an unnecessary amount of time and money as they navigate the probate process. Below is an infographic that shows what happens to your property, in California, if you die without a will, trust, or estate plan. (click image for larger view) Download our FREE California Estate Planning Guide. Embed this infographic on your site. Copy and…
The Attorney’s Duty to Assess Competency
The primary role of an attorney in providing counsel to a client is to represent the client’s interests.  However, there may come a time when the client becomes incapacitated and is no longer capable of acting in his or her best interest or following the advice of the attorney guiding the client to proceed in the client’s best interest.  Incapacity can result from mental illness, substance abuse, or physical ailments which prohibit the client from exercising sound judgment and protecting his or her interests.  Lack of capacity issues are of particular concern to trusts and estates attorneys as many of…
Revocation of The Family Trust by One Spouse
A review of Masry v. Masry (2008) 166 Cal.App.4th 738 Edward and Joette Masry created a revocable living trust (Family Trust).  The property transferred to the trust was community property as it was acquired during marriage.  The trust named Edward and Joette each as a trustor (settlor) and trustee of the trust and reserved the right of each to revoke the trust “by written direction delivered to the other Trustor and to the Trustee.” Edward executed a Notice of Revocation of Trust shortly before his death but did not inform Joette.  Edward created a separate trust naming his children from a prior marriage…