Removing Bad California Trustees | How Do We Drain the Swamp?
- October 27, 2016 - Trust Litigation,
The Judicial Council of California’s 2016 Court Statistics Report indicates that approximately 30,000 probate court trials are heard each year in the state’s Superior Courts. Hackard Law regularly represents abused trust beneficiaries in California’s major urban areas – including Los Angeles, San Diego, San Francisco, the East Bay and Sacramento. Bad trustees generate the need for trust litigation. Experience teaches that bad trustee actions are varied in scope and degrees of reprehensibility. Hackard Law is currently engaged in civilly prosecuting over three-dozen trust litigation cases brought against trustees by wronged or abused beneficiaries and heirs. Conduct by trustees that gives rise to serious actions against them[...]
Continue ReadingCalifornia Decedent’s Trust Deeds | What Do I Do Now?
- October 24, 2016 - Trust Litigation,
The Consumer Financial Protection Bureau reports that 30% of homeowners 65 and older have mortgage debt. For those 75 and older, the rate is over 21%. A significant number of California trust and probate estates have mortgage debt. For those who administer such estates – trustees, administrators and executors – questions often arise as to whether the mortgage or trust deed may be assumed by a beneficiary, heir or trustee. These are important questions and the answers are impacted by a number of factors. California home lenders and title companies secure borrower debts on real property by deeds of trusts (trust deeds). Such deeds of trust are usually on title company or institutional lender forms. A deed of trust includes three partie[...]
Continue ReadingWill My 401(k) Funds Pass by Intestate Rules? | CA Probate Laws
- October 13, 2016 - Estate Planning,
We are sometimes asked “what happens to the funds in my 401(k) if I die without a will?” Will the named beneficiary of my 401(k) have difficulty in securing the proceeds of my 401(k)? Let’s start with who is the beneficiary of a 401(k). Federal law mandates that if you are married, your spouse is automatically the beneficiary of your 401(k) or other pension plan. If you want to have someone other than your spouse the named beneficiary then your spouse must sign a waiver. Such waivers generally include the following factors: Identification as the spouse of the 401(k) participant. Consent to the participating spouse’s designation of beneficiaries. Acknowledgement that the participating spouse’s designation of any other bene[...]
Continue ReadingEstates, Domicile, Jurisdiction and Interstate Family Feuds | California
- October 10, 2016 - Abused Beneficiaries, Estate Litigation, Trust Litigation,
Estate disputes are ugly – sometimes really ugly. So when trustees, beneficiaries, and heirs step into the fight, good counsel – that is, probate and trust litigation attorneys – should help their clients count the costs. Many times that is easier said than done. Given the complications of estate fights, estimating costs can be an elusive process. One particular estate fight focused on the decedent’s domicile may become like a runaway train. Fighting estate battles in two or more states can seriously tax a trust, heir, or beneficiary’s bank account. The fight over of a decedent’s home may be protracted and susceptible to inconsistent state rulings. A person may reside in multiple states but only be domiciled in one. A Califor[...]
Continue ReadingContingency Fee Agreements in CA Estate, Trust & Probate Litigation
- October 10, 2016 - Estate Litigation, Trust Litigation,
People with probate, estate and trust disputes often ask us to discuss how a contingency fee arrangement might work in their cases. I first note that California has both statutory and ethical rules that govern attorney-client fee arrangements. All of our attorney-client fee agreements must conform to these statutory and ethical requirements. The nature of a contingency fee is that the client pays fees to a lawyer only if the lawyer handles the case successfully. This arrangement only works where money or valuable assets are being claimed. In an estate related contingency fee arrangement, the attorney agrees to accept a fixed percentage (often 40%) of the total recovery. If the case is won or resolved the lawyer’s fee comes out of[...]
Continue ReadingProblem Trustee Removal | Damages and Forcing Inheritance Distribution
- October 6, 2016 - Abused Beneficiaries, Trust Litigation,
Hackard Law, a California law firm representing clients in trust, estate and probate litigation, is regularly called upon to enforce a wronged beneficiary’s right to an accounting from an uncommunicative, recalcitrant or duplicitous trustee. While California probate courts will follow the law and order a trustee to provide an accounting, this is only part of what is often necessary to safeguard the beneficiary’s trust interests and to prevent further harm to an innocent beneficiary. Trustee actions leading to the necessity of filing a petition for a court-ordered accounting often include the trustee’s refusal to make trust distributions. Waiting on an inheritance is a continual source of frustration to estate and trust heirs or ben[...]
Continue ReadingCan I Hire A Contingency Fee Lawyer in Probate and Trust Litigation?
- October 4, 2016 - Estate Litigation, Trust Litigation,
When it appears you are cut out of an estate, probate distribution or inheritance from a trust, you should promptly seek counsel. Time is critical, as there are a number of statutory provisions that limit will, estate and trust challenges. The law does not favor those who sit on their rights. Statutes of limitation are uniform throughout California – whether the trust or probate dispute arises in San Francisco, Oakland, Sacramento, Los Angeles or San Diego. Those confronted with disinheritance often face stark choices. Grief, betrayal and disbelief are a potent mix that may easily delay or eliminate any challenge against a wrongdoer. For those who seek action, there may be difficulties in paying for an estate and trust litigation attor[...]
Continue ReadingIf Jose Fernandez Left No Will, Can His Unborn Baby Become His Heir?
- September 28, 2016 - Celebrity Estate Battles,
The death of Miami Marlins pitcher Jose Fernandez is a tragedy felt across our country. His death is particularly tragic for his girlfriend, who is also pregnant with their first child. If Fernandez, 24 years old, was like most people his age, he did not have a will. Time will tell. In the meantime, the question has been asked whether his unborn child will inherit his fortune. I’ll start with a caveat to my answer. I am not a Florida lawyer and I hope that a Florida lawyer will address this. I can speak as to what would happen in California. California law provides “Relatives of the decedent conceived before the decedent’s death but born thereafter as if they had been born in the lifetime of the decedent.” It the decedent was unm[...]
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