Estate & Trust Litigation Attorney
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Call (925) 390-3222
We can help you sort out your trust issues, even if they are complex.
If you have been designated as the successor trustee of a trust, it is recommended that you meet with an attorney to find out what your duties are. As a trustee, you have fiduciary duties, duties to account, you may need to file one or more tax returns, and some of these duties and obligations have deadlines.
- You will also need to send a copy of the trust to beneficiaries. But which ones? All of them?
- You will need to pay expenses and liabilities of the trust as well, but what if there is not sufficient money or assets to pay everyone?
- Discuss the threat of trust litigation and how an experienced trust litigation attorney can help avoid common pitfalls.
- Finally, you have a duty to account to the beneficiaries, and there is the potential for liability if you fail to do so.
A lawyer can help you review your trust and advise you on the best way to handle these difficult issues.
We can help you with tax issues, too.
Mendes Weed, LLP, can also assist you with tax issues that arise while you are administering the trust. Whether there are past owed taxes, or if you just need advice on whether there are estate or income tax issues, we are here to help.
At Mendes Weed, LLP, we understand being named as a successor trustee may be stressful, especially if you are serving as a successor trustee for a loved one who has just passed away. We can assist you in administering the trust, meeting your obligations, and defending your actions in the event they are questioned by any of the beneficiaries.
If you have questions about your duties and obligations as trustee, or the benefits of an experienced trust litigation attorney, please feel free to reach out to us today.
Justice for the Abused: Busting the Epstein Trust
Did Jeffery Epstein try to thwart justice from beyond the grave? Last week all criminal charges were dropped against accused child trafficker and rapist Jeffery Epstein. His deliberate death moots the criminal prosecution against him. You cannot convict a dead man. In...
When Is Your Trust Taxable in California?
Generally, a trust is taxable in California if a fiduciary or beneficiary (other than a contingent beneficiary) is a resident of California under California Revenue and Taxation Code 17742. This is true even if the original settlor was not a resident of California....
What is Probate and What Does It Entail?
Probate is the process of transferring assets from a decedent to an heir. For those who die in California with assets over $150,000 and without a trust, or perhaps with an improperly funded trust, the only way to transfer title from a decedent to a beneficiary is...
California Irrevocable Trusts
Irrevocable trusts can help to provide long-term asset management. Although irrevocable trusts are not suitable for everyone, they can be an important estate planning tool for some. While irrevocable trusts are by title inflexible, some states, including California,...
Top 3 Reasons You Need a Revocable Living Trust
With the new tax law and some of the new estate tax provisions, many individuals may find themselves asking if they still need a revocable living trust. Avoid Probate One of the main reasons to have a trust as a part of your estate plan is to avoid probate. In...
Why Won’t the Trustee Make a Distribution and Pay Me What I Am Entitled to?
Pursuant to Probate Code Section 16061.7, the trustee of a trust must distribute copies of the trust to all trust beneficiaries within 60 days. The Notice must identify: the settlor or settlors and the date of the trust instrument; the name, mailing address, and...
Estate Planning After the Tax Cuts and Jobs Act
The new tax laws increased the estate, gift, and generation-skipping transfer (GST) exemptions to $11.2 million in 2018. The annual gift exclusion has been increased to $15,000 in 2018. It is still very important to plan even with the new tax laws. The tax laws...
Make Time During the Holidays to Discuss Estate Planning with Your Family
While the typical holiday get-together includes great food, a gathering of those we love the most, and festivity, it's also a perfect time to discuss Estate Planning. Chances are, the members of your family are all present, which provides an opportune moment for...
[Video] Estate Planning for the Blended Family
https://youtu.be/Vi_IUce_YUU It is very common for clients to come to me regarding their estate plans when they have blended family issues. Blended families are not only the result of divorce. Many individuals live longer now and may want to remarry if they outlive...
PHONE: 925.390.3222
FAX: 925.301.8667
Mendes Weed, LLP offices are located in Walnut Creek and our skilled attorneys provide family, tax, business and trust law assistance for clients. For your convenience, we also have attorneys' offices in San Francisco and Sacramento by appointment only.
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Walnut Creek Main Office
1990 N. California Boulevard
Suite 1020
Walnut Creek, CA 94596
San Francisco Office
201 Spear Street
Suite 1100
San Francisco, CA 94105
By appointment only.
Sacramento Office
770 L Street
Suite 950
Sacramento, CA 95814
By appointment only.