Proper estate planning will generally involve setting up at least one trust. A trust is a separate legal entity that is created to hold the assets and funds of an individual (or individuals). A trust allows those assets and funds to be passed on to heirs, or beneficiaries in a specific and timely manner. Most...Read More

Probate is defined as the court managed process by which an estate is administered to beneficiaries and heirs. The probate process is long and sometimes costly, and thus it is largely recommended that persons and families with over $150,000 in assets set up a trust. A living trust will avoid probate, so long as all...Read More

Elder Law: Trust Administration When a loved one passes away, it can be a difficult and emotional time for everyone. The last thing on your mind is dealing with the complicated process of administering your loved one’s trust. However, as the trustee, it is your legal responsibility to do so in the best interest of the...Read More

In this post series, we’ll take a look at Estate & Trust Litigation Battles and Elder Law issues occurring around the world. We’ll explore how the laws regarding Estate, Trust, and Elder Law differ between countries.  Our first case takes place in Australia. This is a case that has it all – murder, betrayal, a...Read More

What do you do if a friend or family member created a Trust, but forgot to fund it before passing away?  If you have evidence that the friend or family member intended to fund the Trust, you bring a Heggstad petition (derived from the 1993 case, Estate Of Heggstad 16 CA 4th 943).  The problem...Read More

Executing a Trust can be one of the most important estate planning decisions any person or family can make.  Funding a Trust changes ownership of assets in ways that allows for ease of management and transfer upon the passing of the people involved in the Trust.   When most people open bank accounts or purchase...Read More