A self-directed individual retirement account (IRA) is an option as an individual retirement account that allows for more investment options than a traditional IRA-type account. If concerns arise surrounding your IRA, you may need to bring a lawsuit. As an owner or investor in that account you are able to. What is a self-directed IRA?…
Continue reading ›If you think a trust exists, finding it is important to ensure it is distributed properly. If you are a beneficiary to that trust, it ensures you get your fair share. A trust is unlike a will or other similar document as it does not need to go through the probate process. Because it is…
Continue reading ›An important part of end-of-life preparation or just future planning is creating a will. A will is a document that dictates what your final intentions are regarding your assets and property. (Estate of Lopes (1984) 152 Cal.App.3d 302, 305.) Because of how a will determines inheritance and any future interest people may have in your…
Continue reading ›It seems logical that a parent has a legal and moral duty to care for their children, but is there an inverse duty? Filial responsibility is the responsibility for a child to take care of their parents. This is important if you have a parent in need of support because failing to provide help may…
Continue reading ›Registered Domestic Partnerships are a legally recognized form of union between two adults who willingly engage in a relationship of mutual caring without marriage. Under California law, registered domestic partnerships receive the same state-level rights and responsibilities as married couples. Federal law does not, however, afford registered domestic partnerships the same legal recognition, rights, or…
Continue reading ›“Who” gets “what” is the most important part of creating a will, trust, or other similar instrument. Often the terms heirs and beneficiaries come up and can be disputed during the probate process. The two terms often are mentioned in the same document and can seem like they refer to the same people. However, while…
Continue reading ›Fiduciary duties are legal obligations that one party owes to another in relationships involving trust, care, and loyalty. California law places significant emphasis on upholding these duties when fiduciaries, such as attorneys, fail to act in their client’s best interests, often for personal gain or through negligence. Breaches of fiduciary duties carry serious legal and…
Continue reading ›The California Multi-Party Account Law governs financial accounts with multiple endorsers and beneficiaries, such as joint accounts, pay on death accounts, and Totten trust accounts. The law ensures transparency and protection for account holders by outlining how these accounts are managed, how funds are distributed on death, and the rights of each involved party. Understanding…
Continue reading ›Yes. Judgments should properly name the fiduciary in their representative capacity when the fiduciary is involved in legal proceedings on behalf of a trust, estate, or other entity. Fiduciaries, such as trustees or executors hold a position of legal responsibility to manage and protect the interests of the beneficiaries or estate that they represent. Ensuring…
Continue reading ›In California, the typical trust administration takes between 12 to 18 months to complete. The process can take significantly less time, ranging between 4 to 5 months, when distribution terms are straightforward. Oppositely, the distribution time frame can also take longer than 18 months depending on factors, like outstanding debts or real estate sales, which…
Continue reading ›
