What is a Heggstad Petition? Drafting a trust and funding it (changing title to your assets to the name of your trust) is a multi-step process. If a person fails to fund or title his/her property in the name of the trust during his/her lifetime the “Heggstad Petition” (named after a decedent in the case)…
Your trust likely has an investment standard — a prudent person or a prudent investor standard. But what are the differences between the two? See below. Prudent Person Standard A prudent person standard means your successor trustee needs to invest your assets prudently. In other words, your successor trustee cannot invest in assets that are…
More and more clients are coming to us owning cryptocurrency. Cryptocurrency is a unique asset and how to handle this asset is unique as well. Cryptocurrency isn’t a common asset left in an estate like a bank account, and many people are unfamiliar with digital currency. By leaving a detailed guide on how to access…
In California, a limited partnership is formed by filing a Certificate of Limited Partnership (the “Certificate”) with the Secretary of State. The Certificate must include certain information, including a name, the street address of the initial office, the name of the initial agent for service of process, the name and address of each general partner,…
A Trust Beneficiary is in Prison for a Felony: Is the Trust Exposed to Creditor Liability? Recently, a client contacted our office because one of their trust beneficiaries was convicted of a felony and sent to prison. The client wanted to know what happens to the beneficiary’s interest and whether it could be accessed by…
