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Wills, Trusts, Estate Planning & Probate

Estate planning is a cornerstone of any personal financial plan. We work with the client to determine the best plan for that client’s individual circumstances and prepare the documents necessary to carry out the client’s goals. We also assist clients through estate administration and provide representation in will or trust contest litigation.

Arbitration Clause In Trust Document Not Enforceable Against Beneficiaries

Sunday, May 15, 2011
By James Ficenec
Arbitration Clause In Trust Document Not Enforceable Against Beneficiaries

Beneficiaries cannot be bound by an arbitration clause in testamentary trust documents. In Diaz v. Bukey, the California Court of Appeal affirmed a probate court ruling that denied a trustee’s motion to require a beneficiary to arbitrate a petition to remove the trustee. The trustee’s motion was premised »

General Assignment of Personal Property for Testamentary Trust Stock

Wednesday, February 23, 2011
By James Ficenec
General Assignment of Personal Property for Testamentary Trust Stock

A testamentary trust is a common estate planning device.  To fund the trust, the person establishing the trust must transfer his or her assets to the trustee of the trust.  In a recent case, Kucker v. Kucker, the California Court of Appeal discussed the level of specificity required to make such a transfer effect... »

Trustee May Satisfy Trust Instruction To Pay Specific Amounts By Transferring Undivided Interests In Property

Monday, September 27, 2010
By James Ficenec
Trustee May Satisfy Trust Instruction To Pay Specific Amounts By Transferring Undivided Interests In Property

A common problem faced by a successor trustee administering a testamentary trust is determining how to satisfy trust provisions requiring the payment of specific amounts to trust beneficiaries.  It is not unusual for a trust to be short on cash, but to own significant amounts of property.  In Estate of Cairns, the California Court... »

Trust Beneficiary’s Transfer Of Right To Income From Real Property May Trigger Property Tax Reassessment

Thursday, August 19, 2010
By James Ficenec
Trust Beneficiary’s Transfer Of Right To Income From Real Property May Trigger Property Tax Reassessment

Under California’s Proposition 13, property may be reassessed for property tax purposes under very limited circumstances.  One circumstance that can trigger reassessment is a change in ownership.  If a property has not changed hands for a significant period of time, reassessment may lead to a dramatic increase in property tax.  Three provisions of the... »

Deed To Unformed Trust Effectively Transfers Property Upon Creation Of Trust

Sunday, June 20, 2010
By James Ficenec
Deed To Unformed Trust Effectively Transfers Property Upon Creation Of Trust

In Luna v. Brownwell, the California Court of Appeal ruled that a deed executed in anticipation of the creation of a trust is effective to transfer property to the trust as soon as the trust is created.  In Luna, a property owner initially attempted to plan his estate by adding his sisters to title. ... »

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