This provides a simple way to transfer California real estate at death without having to go through California probate. (Probate Code §5600, et seq.) The way to look at this is it is a “Transfer-On-Death Deed ” NOT a transfer during life deed. It only applies to...
Experienced Real Estate And Business Attorney
Trusts Estates
Attorneys Fees awarded against beneficiaries after challenging a trust distribution comes out of their share of the inheritance
Beneficiaries of a trust lost a challenge to the sale of trust property by the trustee. The trial court ordered them to pay the trust’s attorney fees and costs, making the beneficiaries personally liable. The Court of Appeal affirmed the award of attorney fees, but...
A Verbal Trust is Valid Nor must Trust be Notarized to be Valid!
The world of trusts is quite unique. Trusts not only can be formed verbally, but notarization is not required. Probate Code §§ 15200, 15206 and 15207 are silent as to requiring a notarization, therefore, no notarization required! A trust is essentially a contract. ...
A Trustee of a Revocable Trust Should Sue in his own Name (A trust is not a legal entity)
A common “mistake” is a party names the “Smith Family Trust” or if a probate, “Estate of Smith” as a party. An estate is not a legal entity, it has neither the capacity nor the standing to sue and title to estate assets are held by the executor or administrator, who...