The Journal
Plain-English Estate Law
Plain-English guidance on wills, trusts, probate, and protecting your family in California.
Undue Influence vs. Lack of Capacity in CA Trusts
The same facts (an elderly parent, a late-life change, a new favorite caregiver) can support two very different legal claims. Knowing which one fits changes how the case…
Read →What Is Undue Influence Under Probate Code § 86
"He wasn't himself those last two years" isn't a legal claim, but undue influence is. California has written it into statute with real precision, and the law gives…
Read →Can a Trust Be Modified After Death in California?
Once a settlor dies, a trust becomes irrevocable, but irrevocable doesn't mean frozen. California law gives beneficiaries and trustees several real paths to change it.
Read →Can a Trustee Be Personally Liable in California?
Serving as trustee means your own assets can be on the hook if you breach your fiduciary duties, not just the trust's. Here's what actually creates that exposure…
Read →Trustee Liability After Distribution in California
Handing out the last check doesn't end a trustee's exposure. California law gives beneficiaries and creditors real windows to come back after distribution.
Read →Trustee’s Duty to Inform and Account (Prob. Code § 16060) CA
A trustee who's gone quiet isn't a beneficiary's imagination. California law spells out exactly what you're owed and when.
Read →Trustee Compensation in California: What’s Fair
California law lets a trustee charge a reasonable fee for the work of administering a trust, but "reasonable" is a judgment call, not a formula, and that's exactly…
Read →Trustee Breach of Fiduciary Duty in California
A trustee who favors themselves, mismanages assets, or stonewalls beneficiaries has likely breached a fiduciary duty California law takes seriously, with real remedies available.
Read →Want a straight read on where you stand?
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