The concept of fiduciary duty of loyalty plays a crucial role in estate planning. Whether you are creating an estate plan or a fiduciary in someone else's plan, understanding this principle is essential. Knowing what it means and what it entails may help you carry out...
Bay Area Estate And Tax Planning Law Firm
Probate And Estate Administration
What are valid reasons to remove an executor?
When drafting a will, appointing an executor can benefit surviving family members and heirs. An executor has a vital role in managing the decedent’s estate, paying off debts and distributing the assets based on what the will says. Most of the time, having someone...
The responsibilities of a trustee
California trustees have a fiduciary relationship with the trust's beneficiaries. In other words, they are legally responsible for acting on their behalf, not their own. While doctors and lawyers also have a fiduciary responsibility to their patients and clients, a...
What fiduciary duties does an executor have in California?
Estate planning is a helpful way for those in California to put plans in motion that will ensure their loved ones are cared for when they are gone. A properly established estate helps ensure you pay your debts while leaving behind assets to your beneficiaries....
The purpose of a probate bond in California
If you are appointed to administer an estate by the probate court in California or have been named as an executor, you might be required to post a probate bond. Being bonded is a common requirement to protect the estate's beneficiaries and heirs. What is a probate...
When to get an advance directive in California
Advance directives are an important estate planning tool for California residents. They allow you to give instructions for how your health should be handled if you cannot make your own healthcare decisions. Many residents hesitate to create an advance directive before...
How to avoid mistakes when filing a California small estate affidavit
One way to quickly and efficiently transfer inherited property in California is by using the state's small estate affidavit. If you are the heir to a loved one's estate, it’s best to begin filing such an affidavit as soon as possible. Small estates This affidavit was...
What it means to be a fiduciary
A fiduciary is an individual legally bound to act in the best interests of another party, known as the principal. You probably already know that your California physician cannot disclose confidential information about your medical history without your permission....
What happens when you inherit debt in California
When California residents pass away, they usually do so with some assets and some debt. When possible, the estate’s assets pay debts left behind. However, in some cases, the situation may be more complicated than that, especially for the surviving spouse. Inherited...
Avoid lengthy probate by learning about estate planning
Probate is sometimes an unavoidable and lengthy process in which the court makes final decisions about someone's estate in the wake of their death. While probate can take a long time, holding up the inheritance of many beneficiaries, there is a limit on the length of...