trust litigation lawyer

Can Siblings Force the Sale of Inherited Property?

Glossary Heir property – Property owned within a family that is inherited from a relative by one or more co-owners. Partition by sale – A court-ordered division of inherited property where the beneficiaries are forced to sell the home, and all beneficiaries receive a percentage of the proceeds based on their share. Partition in kind – A court-ordered […]

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What Happens to an Irrevocable Trust When the Grantor Dies?

A trust is nothing more than a contract, a legal agreement where one party (the “trustee”) agrees to hold the legal title to assets and manage them for the benefit of others (the “beneficiaries”). Some trusts are “revocable,” which means that the trustmaker (sometimes called the “grantor,” “creator” or “settlor”) can modify or revoke the

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How Much Should a Trustee Be Paid in Fees?

Trustees are tasked with the trying —and often thankless— job of managing trust assets to benefit the trust’s beneficiaries. In exchange for their services, California Probate Code §15681 allows trustees to receive “reasonable compensation.” However, if the trust document itself specifies different pay arrangements, then under Probate Code §15680, trustees are legally entitled to be

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