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Shuttleworth Law Offices | Planning, Administration and Litigating Trust and Estates

Michael Scott Shuttleworth Estate Planning Litigation Attorney

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Shuttleworth Law Offices | Planning, Administration and Litigating Trust and Estates | norcalestateattorneys.com Reviews

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Michael Scott Shuttleworth Estate Planning Litigation Attorney

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How Trustees And Executors Get Into, or Avoid, Trouble | Shuttleworth Law Offices

http://www.norcalestateattorneys.com/how-trustees-and-executors-get-into-or-avoid-trouble

How Trustees And Executors Get Into (Or Avoid) Trouble. Here are some of the most common ways trustees and executors get into trouble and risk personal liability to the beneficiaries or creditors of the estate. Call us and arrange for an appointment if you have further questions. 1 Failing to Serve Notice of Irrevocability (Trusts Only):. 2 Failing to Lodge Will at Court:. Within 30 days of death ,. See Probate Code 8200. 3 Failing to Secure / Insure Property:. An executor or trustee has the responsibili...

2

Probate Fees | Shuttleworth Law Offices

http://www.norcalestateattorneys.com/california-probate-fees

Probate Fees for Attorney and Executor. Probate carries with it significant costs, payable primarily to the attorney(s) and executor(s) who administer the estate . The attorney and executor fees are set by California statute and are based on the gross, not net value, of the probatable estate (e.g. You own a home with $500,000 but with a $490,000 loan, fees are based on $500,000 not $10,000). The statutory attorneys fees are as follows:. 4% of the first 100,000. 3% of the next 100,000. Wills, Trusts and P...

3

Fiduciary’s Duties | Shuttleworth Law Offices

http://www.norcalestateattorneys.com/fiduciaries-duties

Trustees and executors duties typically include:. Duty to administer trust or estate (e.g. take action to proceed through administration). Duty of loyalty to beneficiaries. Duty to deal impartially with beneficiaries. Duty to avoid conflict of interest. Duty not to undertake position adverse to trust or estate. Duty to take control of and preserve property. Duty to insure property. Duty to make estate or trust property productive. Duty to keep property separate and identified. Duty to use special skills.

4

Determine Estate Assets | Shuttleworth Law Offices

http://www.norcalestateattorneys.com/determine-estate-assets

Not all assets owned by the decedent become “probatable assets”. Property that passes outside of probate include property held in joint tenancy and accounts with a payable on death designation (also referred to as a beneficiary designation) or a transfer on death designation. Although at first blush identifying the assets of the estate seems simple, determining assets of the estate is a ripe area for disagreement. Some of the more common areas for disagreement are:. 7 Most Costly Estate Planning Mistakes.

5

Testamentary Trusts | Shuttleworth Law Offices

http://www.norcalestateattorneys.com/testamentary-trusts

Because testamentary trusts are only created after a person dies, it does not avoid probate because the decedent owned the property personally when they died. This is unlike a revocable trust created during life (sometimes referred to as an “inter vivos” or “living” trust), which can avoid probate. NOTE: This website is for general information only. No attorney-client relationship is established by the use of this website and use of this website is strictly conditioned upon the Site User Agreement.

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Shuttleworth Law Offices | Planning, Administration and Litigating Trust and Estates

Get Informed to Gain Control and Peace of Mind. Regardless of what situation brought you here, one fact is almost always true. You want help protecting your wealth, your family or your rights in the planning or administration of a trust or estate. These situations can create confusion about your legal options and, since you’ve probably never talked to an estate lawyer, you may feel unprepared and uneasy. To protect what matters. Self Help Informational Library. Is Your Best Choice. Best of the Best.

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Get Informed to Gain Control and Peace of Mind. Regardless of what situation brought you here, one fact is almost always true. You want help protecting your wealth, your family or your rights in the planning or administration of a trust or estate. These situations can create confusion about your legal options and, since you’ve probably never talked to an estate lawyer, you may feel unprepared and uneasy. To protect what matters. Self Help Informational Library. Is Your Best Choice. Best of the Best.

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