California Family Trust Law

California probate code section 15400 says that a trust is revocable unless expressly made irrevocable.

California family trust law.

The trustee of an irrevocable trust is the individual s or institution s identified by the grantor to manage and administer the trust. The role of the trustee under california trust laws. 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. There is a beneficiary unless it is a charitable trust.

Case in point the california court of appeal s decision in lowe v. Thus the trustee should read and periodically review the trust documents to make sure she is acting within their scope. California will trust is your estate planning attorney probate attorney family law attorney in nor. Lowe involved the very common claim that many beneficiaries make against their trustees mismanagement of trust assets.

But do you really need a trust. 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. California law states that a trust is created only if. An irrevocable trust can be modified under certain circumstances if all beneficiaries agree by petitioning the probate court.

California living trust laws are included as part of california s probate code. Family trusts in california. Call now schedule a consultation today 707 207 4500 or 925 465 2500. California the bay area.

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. There is trust property. If the grantor wants the right to change the terms of the trust or end the trust we call the trust a revocable trust.

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 main advantage of making a living trust is to spare your family the expense and delay of probate court proceedings after your death. 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. The successor trustee must administer the trust according to the terms of the trust documents and the governing law.

Further california law allows modification in a number of circumstances usually with court approval. 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. The settlor properly manifests an intention to create a trust.