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Los Angeles Probate, Estate & Tax Blog
Recent developments in Probate, Estate and Tax Law.
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A Guide to Perpetual Trust in California: What you need to know?
Short Answer: California does not actually allow truly perpetual private trusts; instead, it permits carefully drafted long‑term trusts that can span many decades and multiple generations while still complying with its rules on how long a trust may last. For families, the real question is how to use these long‑duration structures to protect assets, reduce transfer taxes, and preserve a coherent family legacy without creating something so rigid that it becomes a burden. Rethin
Linda Varga
4 min read


What are letters of administration in California?
Short Answer Letters of Administration are court-issued legal documents in California that authorize a personal administrator to manage and settle an estate when a person dies intestate, without a valid will. Issued by the probate court, these letters serve as official proof of authority, allowing the administrator to collect assets, pay debts, manage property, and distribute the estate under California intestate succession laws. Introduction When a loved one dies, grief col
Linda Varga
4 min read


California 529 Plan Pros and Cons: Benefits and Drawbacks Explained
Short Answer: A California 529, also known as a 529 college savings plan under Section 529 of the Internal Revenue Code , is a tax-advantaged education savings plan that allows families to grow investments tax-free for qualified education expenses. The benefits include tax-free growth, flexible contributions, and estate planning advantages. The downsides include market risk, penalties on non-qualified withdrawals, limited investment control, and no California state income tax
Linda Varga
5 min read


Can a Trustee Sell Real Estate to a Beneficiary in California? | Trustee Rules Explained
Short Answer Yes, under California law, a trustee can sell trust real estate (a home, house, or other property) to a beneficiary, but only if the trustee follows fiduciary duties, uses full disclosure, and structures the transaction at fair market value with proper documentation. If the trustee cuts corners, grants special treatment, or engages in self-dealing, beneficiaries can challenge the sale in court and seek California Probate Code remedies such as accounting, surcharg
Linda Varga
6 min read


A Guide to Discretionary Trusts in California: What you need to know?
Introduction: A discretionary trust is a crucial estate planning tool that offers flexibility in managing assets and distributing income among beneficiaries. Unlike other types of trusts, a discretionary trust allows the trustee to have authority over when and how to distribute income and property to beneficiaries. The settlor or creator of the trust can outline terms, but the trustee holds the discretion to manage the assets based on the needs and circumstances of the benefi
Linda Varga
5 min read


A Guide to Insurance Trusts in California: What you need to know?
Introduction: What is an Insurance Trust and Why Should You Consider It? An insurance trust is a specialized estate planning tool designed to manage and protect life insurance proceeds. Whether you have a life insurance policy as part of your overall financial security plan or to provide for loved ones, an insurance trust can help ensure that the death benefit from your policy is distributed according to your wishes, without the complications of probate court or unwanted tax
Linda Varga
5 min read


A Guide to Illegal Trust Conveyance in California: What you need to know?
Short Answer: An illegal trust conveyance in California occurs when an individual improperly transfers assets to a trust to avoid creditors or legal obligations. Such actions, including fraudulent conveyance, can lead to serious civil and criminal penalties, including imprisonment. Understanding the laws around trust conveyance and ensuring transparent estate planning is essential for avoiding costly legal consequences. Introduction In California, the complexities surrounding
Linda Varga
4 min read


A Guide to Incentive Trust in California: What you need to know?
Introduction An incentive trust is a specialized estate planning tool that allows a grantor to set specific conditions or milestones for beneficiaries to meet before they can access inheritance or other assets. Unlike a traditional trust, which typically distributes assets unconditionally, an incentive trust can motivate heirs to achieve personal maturity, succeed in their education, or meet other established goals before receiving distributions. In California, where tax impl
Linda Varga
4 min read


A Guide to Pot Trusts in California: What you need to know?
Short Answer: A pot trust in California is a type of trust that pools assets for the benefit of multiple beneficiaries. It allows for discretionary distribution, meaning the trustee can allocate funds based on the individual needs of the children or other beneficiaries. The structure provides flexibility for estate planning, ensuring that assets are distributed equitably, but with flexibility based on changing circumstances. It is ideal for families seeking to manage inherita
Linda Varga
4 min read
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