California Family Trust Law

The family trust allows you to protect and pass on assets such as the family home the family business or business interests bank accounts investment accounts collections personal property and other valuables.

California family trust law.

An irrevocable trust can be modified under certain circumstances if all beneficiaries agree by petitioning the probate court. California does not use the uniform probate code which simplifies the probate process so it may be a good idea for you to make a living trust to avoid california s complex probate process. Offices in fairfield and walnut creek. The role of the trustee under california trust laws.

California the bay area. There is a beneficiary unless it is a charitable trust. Further california law allows modification in a number of circumstances usually with court approval. Thus the trustee should read and periodically review the trust documents to make sure she is acting within their scope.

An irrevocable trust can also be modified to conform to changing tax laws or when a charity named as the beneficiary has changed its structure. A trust can be amended if all the beneficiaries or at least one beneficiary and the settler consent. California probate code section 15400 says that a trust is revocable unless expressly made irrevocable. Lowe involved the very common claim that many beneficiaries make against their trustees mismanagement of trust assets.

But do you really need a trust. Family trusts in california. California law requires that if you own any property at your passing you must go through probate. A trust in relation to real property is not valid unless evidenced by one of the following methods.

If the grantor wants the right to change the terms of the trust or end the trust we call the trust a revocable trust. Call now schedule a consultation today 707 207 4500 or 925 465 2500. Case in point the california court of appeal s decision in lowe v. California living trust vs.

The trustee had retained a large amount of real property that was either not productive or was being occupied by the trustee and other family members. California will trust is your estate planning attorney probate attorney family law attorney in nor. The successor trustee must administer the trust according to the terms of the trust documents and the governing law. California living trust laws are included as part of california s probate code.

The living trust can be created with a legal document that includes instructions about who you want to leave your assets to subsequent beneficiaries in addition to who will manage your assets and how they will be managed if you become unable to manage them alternate trustees. The trustee of an irrevocable trust is the individual s or institution s identified by the grantor to manage and administer the trust. The main advantage of making a living trust is to spare your family the expense and delay of probate court proceedings after your death.