Trust Administration Attorneys Make the Process Easy

by David Pastor on October 11, 2012

Trustees assume the responsibility of protecting assets for the benefit of the beneficiaries. It can be complex and time-consuming, but a trust administration attorney can make the process easy. Trustees are responsible for making an inventory of all trust assets. In addition to making an inventory of trust assets, a trustee must find out if assets exist outside the trust which should be included in the trust for the benefit of the beneficiaries. For many reasons, a trust may not include assets. Sometimes assets are acquired after a trust is created and for a variety of reasons, the assets are not placed in the trust. Sometimes the trust itself is too vague or is not detailed enough to encompass all the assets the testator intended.  The trustee may have to work with the probate court to determine whether there are assets held outside the trust which should be included in the trust. The trustee must also value all the assets in order to properly file federal estate tax returns.

In addition to inventorying assets, a trustee may work with the probate court to determine whether trust assets must be used to satisfy any outstanding debts of the decedent. Whether a debt will be paid from trust assets will vary depending on both the types of debts and the structure of the trust.

Getting Legal Help

Trustees do not have to go through this process alone. An experienced trust administration attorney is familiar with the complex laws and regulations and can protect a trustee from making a mistake. An experienced trust administration attorney can also work with the probate court and protect the beneficiaries. Experienced Trust Administration Attorney David Pastor can help you understand your rights in and help you through the complicated maze of requirements and paperwork. Contact us today for more information to protect your rights at 925-932-3346.

 

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Protecting Loved Ones with Probate

by David Pastor on October 9, 2012

Yes, you read that correctly. While probate is not right for every estate and there are very good reasons to avoid probate, probate can be beneficial in some cases. When a personal representative is appointed to manage the estate in the probate process, the probate court oversees the process of satisfying debts and making distributions. For beneficiaries of the estate, it can be reassuring to have the court supervising the process of administering the estate because they can rest assured the estate assets will not be stolen or intentionally mismanaged.

The court can also remove and appoint a new personal representative if the personal representative named in the will is not competent to carry out the responsibilities. The court can oversee the payment of debts and protect a surviving spouse by allocating debt so the community debt does not create an unreasonable burden on the surviving spouse.

Getting Legal Help

Experienced Probate Attorney David Pastor can help you understand your rights in the probate process and help you through the complicated maze of requirements and paperwork. Probate doesn’t have to be difficult and when you have good legal representation, it can work to the advantage of the surviving beneficiaries. Contact us today for more information to protect your rights at 925-932-3346.

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Damages are Available for Fraud or Intentional Misrepresentation in Probate

October 5, 2012

If a trustee or personal representative makes an agreement with a spouse for the allocation of debt and it is discovered that due to fraud or intentional misrepresentation that the allocation was incorrect or if the nonpayment of the debt causes damages for the either party, the party who was misled may be awarded costs to cover the damages as well as attorney’s fees incurred on account of nonpayment of the debt.

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Surviving Spouse Paying Marital Debt in California Probate

October 3, 2012

Marital debts may or may not be paid by the probate process. In California, marital debts are also referred to community debts. Community assets are assets to which both spouses have an equal entitlement and community debts are debts for which both spouses are equally liable.

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Agreements on Community Debt in California Probate

October 1, 2012

The California Probate Code allows the trustee or the personal representative of an estate to agree to the payment of debts as long as the agreement protects the rights of all interested parties in the estate. The trustee, the personal representative and the spouse can also request court approval of the agreed upon allocation of debt.

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California Probate Can be Good for Beneficiaries

September 24, 2012

Yes, you read that right. Some warn against probate and many encourage people to structure their estate plans to avoid probate at all costs. While in some instances probate can be expensive or time consuming, there are some advantages to using the probate process. One important advantage is probate provides court supervision of the management and distribution of property, including trust administration.

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