Revocable "living trusts" have become increasingly popular in the past
decade. They allow heirs to avoid expensive, time-consuming probate court
proceedings.
But unlike a will, a living trust cannot be simply signed and filed away. If an
asset is never transferred to the trust, or is unintentionally removed from the
trust, it will be subject to probate.
Over the past [...]
In July 1995, the California legislature revised portions of the California
Probate Code defining the investment duties of trustees.
Previously, some investment rules were rigid and absolute, preventing trustees
from making the same type of investment decisions that regular investors make
every day. Some types of investments were flatly prohibited, while others were
available only at personal risk to the [...]
In Mid-April 1996, I learned that the executive
committee of the Alameda County Bar Association has voted to oppose informal
probate administration. I believe this is a mistake and that attorneys should
embrace informal administration. (I have also heard through the "grapevine" that
the State Bar committee may also have decided to drop its proposal.)
What Is Informal Probate Administration? [...]
In Department of Highway Safety and Motor Vehicles v. Schluter, 1997 WL 795701 (1997), the department admitted in a stipulation filed in Section 120.56(4)1 proceedings brought by Schluter that it had five policies that had not been adopted as rules. After hearing, the Division of Administrative Hearings (DOAH) Administrative Law Judge [...]