CA estate planning is a meticulous process, where every detail matters. From wills to trusts, powers of attorney to healthcare directives, each legal document plays a crucial role in shaping the distribution of assets and the fulfillment of one’s wishes. However, as the number of documents increases, so does the complexity and the opportunity for […]
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Navigating Trust Modifications: Insights from the Haggerty v. Thornton Case
In a recent California Supreme Court decision, the case of Haggerty v. Thornton sheds light on the intricacies of trust modifications. Here’s a simplified breakdown of the court’s conclusion, from attorney, Richard Hamlin: If the trust provides an exclusive method of changing or revoking the trust, that is the only way to do it. For […]
Read more...Navigating Compassionately–A Client’s Journey Through California Probate
Losing a loved one is never easy, and dealing with the legalities that follow, including California probate, adds an extra layer of complexity to an already challenging time. What exactly is probate? Probate means there is a court case that deals with: Deciding if a will exists and is valid; Establishing who are the decedent’s […]
Read more...What to Do When a Trustee Is Not Behaving as Expected
Trust disputes can be both difficult and emotional. When you entrust your assets to another person or entity, you expect them to behave professionally and to act in your best interests. The unfortunate reality is that many people who are appointed to be trustees of trusts believe that they can do whatever they want. In […]
Read more...Navigating Boundary Disputes in Southern California: Tips and Guidance
Whether you have owned your Southern California property for years or recently acquired it, you could find yourself dealing with a boundary dispute at some point. Real estate boundary disputes can be complex and emotionally charged, especially in Southern California, where property values are high. Disputes Over Boundaries Between Neighbors: How Do They Begin? Boundary […]
Read more...Ringing in 2023: Review Your Estate and Contracts
Are you looking for a New Year’s Resolution that will make a real difference in your life? Make 2023 a year of purpose. Take the time to properly memorialize unwritten agreements, start fresh, turn those potential profit scenarios into contracts. Consider having an experienced lawyer review your estate plan and your current contracts. Reviewing your […]
Read more...It’s Never Too Soon To Start Planning Where Your Assets Will End Up
Thinking about one’s own mortality can be difficult. There are some people who believe you don’t need to think about it. The things we leave behind will not be of concern to us after we die—our assets will become someone else’s responsibility. But it’s important to prepare for the unexpected. In the event of an […]
Read more...The Importance of Documentation for Fiduciary Accounting
Whether you’re a trustee under a trust, or acting under a power of attorney or a conservator in a conservatorship, maintaining proper records and preparing periodic accountings are the best ways a fiduciary can help protect itself and serve its beneficiary’s best interests. That brings to mind a case in which our client was serving […]
Read more...Right-of-Way Issues and Caltrans Requests
Ever wonder who owns that land along the freeway located beside your property? Typically, it’s referred to as the “right-of-way” and it’s owned by the California Department of Transportation (Caltrans). What is a Right-of-Way? A right-of-way is defined as an easement granted or reserved over the land for transportation purposes, this can include highways, public […]
Read more...If It’s Not In Writing—It Never Happened
A recent case brought to mind the importance of documentation in business endeavors, especially those with personal roots. We had a client who was very successful at property investing. His brother-in-law was eager to learn and the two of them bought a few properties together. Unfortunately, the brother-in-law had a drinking problem and passed away […]
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