The Journal — Plain-English Estate Law
Plain-English guidance on wills, trusts, probate, and protecting your family in California.
Probate Code § 850 Petition: Full Scope in California
A § 850 petition covers a lot more ground than the Heggstad house scenario. Here's every kind of ownership dispute it can resolve.
Read →The Presumption of Undue Influence Under Probate Code § 21380
For a caregiver, drafting attorney, or fiduciary who ends up as a trust beneficiary, § 21380 flips the burden of proof. Here's who it covers and how it…
Read →Petition to Modify an Irrevocable Trust Under §§ 15403-15404
Irrevocable trusts can still be modified in California through a court petition under sections 15403 and 15404. Here's what the petition has to show.
Read →Notice to Creditors for a Trust in California
A trustee doesn't have to send formal creditor notice, but sending it converts a one-year exposure window into a 60-day sprint. Here's why that matters.
Read →Medi-Cal Recovery Against a Trust in California
Moving assets into a revocable trust doesn't stop Medi-Cal estate recovery. Here's what's actually exposed and where real protection has to come from instead.
Read →Can the IRS Put a Lien on Trust Property in California?
A properly filed federal tax lien reaches trust property in ways ordinary creditors and even careful spendthrift drafting generally can't stop.
Read →Irrevocable Trust After Death vs. During Life (California)
The trust the grantor managed during life and the trust a successor trustee administers after death are legally different instruments. Here's what shifts.
Read →How to Remove a Co-Trustee in California
Serving with a co-trustee who won't cooperate or account puts your own liability at risk, not just the trust's. Here's how removal works and what to do while…
Read →Want a straight read on where you stand?
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