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Trust Litigation & Probate Litigation
- Six Steps for Proving Fraud When Contesting a California Will
- California Will Fraud: What Happens When Your Loved One Was Victimized
- San Diego Probate Lawyer: Shifting the Burden of Proof
- Where to Look for Trust Mistakes, by a San Diego Probate Attorney
- San Diego Probate Attorney Asks: Who’s the Boss?
Probate and Trust Administration
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- Don’t Make These Trustee Mistakes, Says Riverside Probate Attorney
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New 2012 Legislation AB 1305 Impacts California Probate...
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Posted on 10/24/2011
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Probate and Trust Administration
- What to Do When a San Diego Trustee Steals from the Estate
- San Diego Trust Lawyer: Understanding the Role of the Administrator
- Riverside Trust Attorney: Ten Steps to for a Successor Trustee to Take
- Riverside Trust Lawyer Describes the Duties of an Executor
- Riverside Probate Attorney on Duress: Why Trusts Get Attacked, Part 2
Pour-Over Will Not a Cure-All, Say San Diego Probate Attorneys
A pour-over will is often lauded as the solution to a trust that has been left accidently or intentionally incomplete by the individual who established the trust.If the trustor has not had the opportunity to complete the transfer of certain assets into their trust before they die, the pour-over will is supposed to serve as a stop-gap transfer of those assets into the trust.
Unfortunately for beneficiaries, the reality of a pour-over will means that any asset “caught” by the pour-over clause will still need to go through California probate. The asset isn’t officially transferred into the trust until after the probate process is complete.
What does that mean? The asset will now also need to go through the California trust administration process, making the beneficiaries wait through both processes. This will mean several months, sometimes years, of additional waiting for those assets the decedent intended them to have.
Trustees shouldn’t assume that a pour-over will is a silver bullet protecting the decedent’s assets from the difficulties and expense of probate.
Are you the executor or administrator of an estate dealing with unclear terms in a will or trust? The San Diego probate lawyers with The Grossman Law Firm offer San Diego will contests, trust litigation services, probate, and trust administration services. To schedule your free, 30-minute consultation with a member of our legal team, call our offices toll-free at 888-443-6590. Get in touch with us online through our convenient quick contact form.
Also be sure to order your copy of Scott Grossman’s essential book and DVD Probate a Will or Administer a Trust After the Death of a Loved One, which is available to you FREE.
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Trust Litigation & Probate Litigation
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