How to Compel a Trustee to Do Their Job

reviewing trust distribution documents

When dealing with a trustee who won’t do their job, compelling them via court order has been the traditional route for recourse. But even if you expect litigation to go in your favor, it’s important to take the proper steps to ensure the trust itself remains unscathed. Trustees are required to follow the direction of […]

Who Will Inherit Your Digital Footprint?

digital_footprint_inheritance

The laws surrounding the question remain surprisingly unclear. Have you thought about who will inherit access to your digital footprint, from emails to bank and social media accounts and everything in between, after you pass away?  It’s worth considering, given the laws governing post-death digital assets access remain surprisingly limited and murky. Digital assets – […]

The Abuse of Anti-SLAPP Motions in Probate and Civil Matters

Anti-SLAPP Motions in Probate and Civil Matters

Litigants are still finding new applications for California’s powerful (and sometimes infamous) anti-SLAPP statute in civil matters, and as evidenced by the recently resolved Starr v. Ashbrook, probate courts are no exception. The case revolved around a contentious estate battle between the children of a 90-year-old Laguna Beach man and his girlfriend and trustee. The […]

Does A Prenuptial Agreement Override A Will

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Premarital agreements increasingly have become commonplace in modern marriages. A 2022 poll by Harris Insights & Analytics found that 15 percent of married respondents reported having a premarital agreement, up from 3 percent in 2010.

Do You Pay Taxes on Inherited Art?

Do You Pay Taxes on Inherited Art

Inheriting a valuable piece of art can feel like a fantastic gift. But if you’ve recently inherited a loved one’s art collection, you may be wondering what happens when it comes to taxes. In general, you will not have to pay taxes on art you inherit from a loved one. However, if you sell the […]