During estate planning or when you write a will, you can grant a person (fiduciary) certain responsibilities – an executor, trustees, and guardians are all examples. Fiduciaries have a significant role in the management of your estate. As such, it is important that these roles be filled by people who can manage their responsibilities so […]

Probate litigation is the process by which the probate court determines the validity of a will, evaluates the assets of an estate, determines liabilities, determines the heirs or beneficiaries and distributes property, should there be assets. Read for further information about what this process entails. The Actions of Probate Litigation When you die, and you […]

Charitable trusts are irrevocable – meaning once they are established the income belongs to the trust and not to the individual. There are benefits to setting up a charitable trust aside from helping an organization or person. Here are a few of the many things to know about charitable trusts in California. 1. Taxed or […]

A Spendthrift Trust is a legal framework that protects the assets within a trust from a potentially irresponsible beneficiary who might harm the trust by overspending or squandering the assets. The spendthrift trust also protects the trust and its assets from creditors of the beneficiary. The creditors are not able to seize the assets of […]

The Three-year rule is part of the IRS tax code that deals with assets, transfers, and estates. The rule places certain assets in the total for the decedents’ gross estate when those assets are transferred within three years of the person’s death. When someone transfers property or assets to another person within three years of […]

To contest a will, whether you live in California or outside the Golden State, simply means that you are legally checking to see if the will is valid. If you live outside of California you must file your contest in California. The legal relationship is between California law and the Estate. An outside state will […]

What are the six essential steps to producing a quality estate plan, and how do you implement that plan? This is a common set of questions that apply to most people who want to plan for after they have passed. The six steps are as follows, and they will change slightly depending on your goals […]

When choosing someone to choose an executor, guardian, or trustee of your will, be sure to choose a fiduciary. Many advisors can handle the basic guidelines of your will or trust, but not all of those are fiduciaries. The difference is that a fiduciary makes financial or other decisions for you, while a financial advisor […]

“A loved one just passed away. Do I need to open a probate estate?” At Charles D. Stark, we hear this question often. In most cases, the answer is yes – an estate gives you greater control over your loved one’s assets. Sometimes, though, you do not need to open an estate. Probate is a […]

California law defines a holographic will as “a Will that is handwritten, dated and signed by the person writing the Will.” That may be an easy solution to writing a will, but there are some elements that must be proven to the probate court for the will to be valid. Pros and Cons of a […]