Frequently Asked Questions

When a parent dies without a will in California, their estate must go through the probate process under California's intestate succession laws. Here are the essential steps:

• File a probate petition in the county where your parent lived
• Identify legal heirs according to California Probate Code
• Inventory and appraise assets including real estate, bank accounts, and personal property
• Pay debts and taxes from the estate
• Distribute remaining assets to heirs per California law

This process can be complex and time-consuming. As an experienced probate attorney California, we can guide you through each step and ensure proper compliance with all legal requirements.

There are several effective strategies to avoid probate in California:

• Revocable Living Trust - The most comprehensive solution
• Joint Tenancy - For real estate and bank accounts
• Beneficiary Designations - On retirement accounts and life insurance
• Payable-on-Death (POD) Accounts - For bank accounts
• Transfer-on-Death (TOD) Deeds - For real estate

A properly funded living trust is usually the best option for most families. Our estate planning attorney Los Angeles team can create a comprehensive plan tailored to your needs.

Probate costs in California typically include:

• Court fees - $465 for most estates
• Attorney fees - Statutory fees based on estate value (4% of first $100,000)
• Executor fees - Same scale as attorney fees
• Appraisal costs - Usually $300-$500 per property
• Other costs - Publication, bonds, accounting fees

Total probate costs often range from 4-7% of the gross estate value. For a $500,000 estate, expect costs around $25,000-$35,000. Our probate litigation attorney Los Angeles can provide specific estimates for your situation.

Most California residents benefit from having both a trust and a will:

Living Trust Benefits:

• Avoids probate for trust assets
• Provides incapacity planning
• Maintains privacy
• Allows for immediate asset management

Will Benefits:

• Covers assets not in trust
• Names guardians for minor children
• Less expensive to create initially

Our best estate planning attorney in Los Angeles can analyze your situation and recommend the optimal approach for your family and assets.

After the trust creator's death in California, control passes to the successor trustee named in the trust document. The successor trustee has important duties:

• Asset management - Protecting and managing trust property
• Beneficiary notifications - Informing beneficiaries of their rights
• Distributions - Making payments per trust terms
• Accounting - Providing financial reports to beneficiaries
• Tax compliance - Filing necessary tax returns

Serving as successor trustee carries significant responsibilities and potential liability. Our trust administration lawyer can guide trustees through the process and help beneficiaries understand their rights.

Trust administration in California typically follows these steps:

1. Accept trusteeship and obtain death certificates
2. Notify beneficiaries within 60 days per Probate Code §16061.7
3. Inventory assets and obtain appraisals
4. Open trust bank account and obtain tax ID number
5. Pay debts and expenses of the trust
6. File tax returns (trust and final personal returns)
7. Distribute assets according to trust terms
8. Provide final accounting to beneficiaries
9. Terminate trust when administration is complete

This process can take 12-18 months or longer depending on complexity. Our experienced trust administration lawyer can streamline the process and help avoid costly mistakes.

No, trustees in California cannot arbitrarily withhold information from beneficiaries. Under California Probate Code, trustees have duty to inform and account, including:

• Annual accountings showing receipts, disbursements, and distributions
• Trust documents - Beneficiaries have right to copy of trust
• Asset information - Details about trust property and investments
• Distribution information - When and how distributions will be made

If a trustee refuses to provide information, beneficiaries can petition the court for an accounting. Our beneficiary rights attorney California can help enforce your rights and hold trustees accountable.

To remove a trustee in California, you must petition the probate court and prove grounds for removal, such as:

• Breach of fiduciary duty - Self-dealing, mismanagement, or conflicts of interest
• Inability to perform - Incapacity, illness, or lack of competence
• Unwillingness to act - Resignation or refusal to serve
• Hostility with beneficiaries - When it impairs administration
• Criminal conviction - That affects ability to serve

The court process requires legal evidence and proper procedures. Our trustee removal attorney can evaluate your case, gather evidence, and represent you in court proceedings.

To contest a trust in Los Angeles County, you must file a petition in probate court. Common grounds include:

• Lack of capacity - Grantor lacked mental capacity when creating trust
• Undue influence - Someone improperly influenced the grantor
• Fraud - Trust created through misrepresentation
• Improper execution - Trust not properly signed or witnessed
• Revocation - Trust was later revoked by grantor

Time limits apply for trust contests, so prompt action is essential. Our experienced trust litigation attorney Los Angeles can evaluate your case and guide you through the complex litigation process.

Yes, beneficiaries can sue trustees in California for various breaches of duty:

• Breach of fiduciary duty - Violating loyalty or care obligations
• Self-dealing - Using trust assets for personal benefit
• Failure to account - Not providing required financial reports
• Mismanagement - Poor investment decisions or asset management
• Improper distributions - Making unauthorized payments

Successful lawsuits can result in monetary damages, trustee removal, and surcharge (forcing trustee to personally repay losses). Our trustee breach of fiduciary duty lawyer can help you pursue claims and recover damages.

Filing a trust dispute in California involves several steps:

1. Consult an attorney - Evaluate the merits of your case
2. Gather evidence - Documents, financial records, witness statements
3. File petition - Submit proper court documents with filing fees
4. Serve parties - Notify all interested parties of the lawsuit
5. Discovery process - Exchange information and evidence
6. Mediation/trial - Attempt settlement or proceed to court trial

Trust disputes can be complex and emotionally charged. Our trust dispute mediation lawyer can help resolve matters efficiently while protecting your interests and family relationships.

California community property laws significantly impact trust planning:

• Community property - Property acquired during marriage (with exceptions)
• Separate property - Property owned before marriage or acquired by gift/inheritance
• Both spouses' consent - Usually required to transfer community property to trust
• Step-up in basis - Community property gets full step-up at first spouse's death
• Surviving spouse rights - Cannot be disinherited of community property

Proper characterization of assets is crucial for effective trust planning. Our estate planning attorney Los Angeles can help structure your trust to maximize tax benefits and protect your rights.

Yes, you can disinherit a child in California, but it must be done carefully:

• Express intent - Clearly state your intention in will or trust
• Proper execution - Follow all legal requirements for documents
• Consider omitted child statutes - Protections for children born after estate planning
• Document reasons - Consider explaining your decision
• Update beneficiary designations - Remove child from all accounts

Disinheritance can lead to will contests and family disputes. Our experienced estate planning attorney Los Angeles can help you disinherit properly while minimizing legal challenges.