One of the estate planning tools California residents can utilize to protect their assets and distribute to the heirs and beneficiaries of one's wishes is a trust. A trust creates a fiduciary relationship between the trustor and the trustee, giving the trustee the...
The Cohen Law Offices, PC
Are you appointing your POA casually?
Planning for the future is for everyone. However, when California residents hear about celebrity estate plans gone wrong, they may dismiss the news, thinking it doesn't matter to them because they do not have as much wealth that needs to be planned for. Nonetheless,...
Estate plans benefit from a professional’s help
When children are young, California residents take every step possible to ensure their safety, well-being and happiness, such as getting them the best possible education. However, as they grow older and parents continue to provide advice and act as a sounding board,...
Do you believe that a trustee is stealing assets from the trust?
Those with significant assets, large families or a desire for a specific legacy often put a lot of effort into creating an estate plan. Deciding how to divide assets and allocating them to the right people is an important step toward creating a legacy that people...
When can a trustee’s actions lead to trust litigation?
Being named a trustee is an honor, but it also comes with many duties, both in the administration of the trust as well as a fiduciary duty towards the trust and trust beneficiaries. If a trustee in California fails to properly execute their duties, it could give rise...
Mediation may be an alternative to estate litigation for some
When it comes to a dispute regarding a loved one's estate plan, is estate litigation the inevitable result? Not necessarily. It is possible to address disputes regarding a loved one's estate plan through forms of alternative dispute resolution, including mediation....
Even a comprehensive estate plan could be subject to litigation
A person in California can carefully execute a comprehensive estate plan, with the hopes of making it clear what their wishes are with regards to who will inherit what, as well as what end-of-life care they desire. Yet, no matter how detailed their estate plan is,...
What spousal support factors will California courts consider?
Unlike child support, there is no statutory formula for calculating spousal support. When a judge is issuing a final order for spousal support, under California Family Code, Section 4320, he or she may take the following factors into account. One factor is the earning...
Paying a deceased person’s debts
Settling the affairs of someone who passes away is not always easy, especially if that persons died while owing creditors. Depending on the nature of the debt, these creditors may pursue surviving family members for the balance, and if the family is not careful,...
Claims of undue influence can lead to trust litigation
When a person in California dies, their loved ones will grieve. However, this grief is only amplified if the person's survivors disagree with the contents of the person's trust. Sometimes, these disagreements are small enough that the parties involved can resolve them...