Best Estate Planning Attorneys in Irvine, CA

Probate is a lengthy and expensive court process where the Court oversees the distribution of property. Many people think their assets will only go through probate if they die without a will. While that is true, if you die having only a will and not a trust, your assets will also go through the probate process and become public record.

Trustees are bound by the fiduciary duties outlined in the California Probate Code. If you believe a trustee has breached his or her fiduciary duty, you may be able to seek a court order removing the trustee from their position.

If you have children under the age of 18, it is imperative that you have a will naming a Guardian for your children. The person appointed as Guardian of your minor children will work closely with the Trustee in following instructions you have laid out in your comprehensive estate plan. Having these components in place ensures as smooth of a transition as possible in a tumultuous time.

If a trustee has violated any of their duties, a beneficiary may have a claim against the trustee. With these claims, the beneficiary can seek an order from the court removing the trustee or charging the trustee to return any funds wrongfully taken from the trust.

Yes. You are still in control of your assets so long as the Trust is revocable. To ensure that your trust is effective, you and your attorney will work closely to make sure all your assets are properly placed into your trust.