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 the 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 according to California law

This process can be complex and time-consuming. 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. We 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 the first $100,000)
• Executor fees – Same scale as attorney fees
• Appraisal costs – Usually $300-$500 per property
• Other costs – Publication, bonds, and accounting fees

Total probate costs often range from 4-7% of the gross estate value. For a $500,000 estate, expect costs of around $26,000. We can provide specific estimates for your situation.

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 according to trust terms
• Accounting – Providing financial reports to beneficiaries
• Tax compliance – Filing necessary tax returns

Serving as a successor trustee carries significant responsibilities and potential liability. We can guide trustees through the process and help beneficiaries understand their rights.

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

• Annual accountings showing receipts, disbursements, and distributions
• Trust documents – Beneficiaries have the right to a copy of the 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. We 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 the ability to serve

The court process requires legal evidence and proper procedures. We 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 the 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 the grantor

Time limits apply to trust contests, so prompt action is essential. We 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 the trustee to personally repay losses). We can help you pursue claims and recover damages.

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 or inheritance
• Both spouses' consent – Usually required to transfer community property to a trust
• Step-up in basis – Community property gets a full step-up at the first spouse's death
• Surviving spouse rights – Cannot be disinherited of community property

Proper characterization of assets is crucial for effective trust planning. We 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 your 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 the child from all accounts

Disinheritance can lead to will contests and family disputes. We can help you disinherit properly while minimizing legal challenges.

It is important to remain extra-vigilant about your finances and property if you are a dependent adult, elder or someone who is acting on their behalf (e.g., a conservator, trustee or power of attorney), because not only can financial abuse be difficult to detect unless you are paying close attention, but it is also most likely to occur to the aforementioned categories of people.

Look out for these financial abuse warning signs:

• Money missing from bank accounts
• Changes in the dependent or elder's temperament (e.g., self-neglect, anxiety, depression)
• Missing household items and possessions
• Unpaid bills, lack of necessities in home, collection letters
• Suspicious credit card charges

It is important to note that abuse can also take place within the confines of a conservatorship. Learn more about signs of conservatorship abuse.

Our elder abuse attorneys regularly handle elder abuse matters that are financial in nature. However, if the abuse is only physical in nature, we are happy to refer you to a trusted attorney who handles such matters.

It is important to take swift action if you suspect physical abuse to be taking place. You can start by reaching out to your local law enforcement or adult protective services agency to report the abuse.

If you believe a dependent adult or elder to be facing an immediate threat or wish to remove them from an abusive situation, you may want to consider petitioning the court to establish a conservatorship of the person that would allow you to move them into your home or another safe location where you can manage their personal needs.

Dependent adults and elders may be more susceptible to financial abuse because of physical and mental limitations they may have. Below you will find some common risk factors:

• Declining mental competence
• Social isolation
• Deteriorating physical health
• Difficulty managing money and tending to their basic needs of food, shelter and hygiene

If any of these risk factors exist, it is important you take the necessary steps to protect yourself or your loved one against financial harm.

Among the different kinds of elder financial abuse, theft is the most pervasive.

It can occur in the form of abusers using an elder's money, bank account or credit cards without permission for personal gain, or even a pickpocketer stealing an elder's wallet while they are out for a walk. Thieves also may steal household objects or medication belonging to the elder.

Common forms include:

• Unauthorized use of bank accounts or credit cards
• Theft of cash, jewelry, or valuable possessions
• Forged signatures on checks or legal documents
• Coercion to change wills, trusts, or beneficiary designations
• Abuse of power of attorney privileges
• Investment scams targeting seniors