Westlake Law Group Legal Blog

A 529 plan may name a student as beneficiary while someone else controls the account. Estate planning should address who will take over that authority if the account owner dies before the education funds are fully used.

A mortgage can remain a pressing issue after a homeowner dies, even when the family is still determining who controls the property. Trustees, personal representatives, and heirs should understand how title, loan servicing, insurance, and ongoing payments fit together.

Banks do not automatically release a deceased person's accounts to family members. Account ownership, beneficiary designations, probate authority, and California's simplified transfer procedures can determine who may obtain information and collect the funds after death.

A successor trustee and an agent under a durable power of attorney may both manage financial matters during incapacity, but they do not necessarily control the same assets. Understanding how the two roles fit together can help California families identify gaps before a crisis.

Beneficiaries do not always have to wait until probate is completely finished to receive property. California law permits preliminary distributions in appropriate cases, but creditors, taxes, reserves, bonding requirements, and unresolved estate obligations must be considered first.

California trustees usually serve without a bond, but probate courts can require additional financial security when trust assets may need protection. Learn when a trustee bond may be required and what beneficiaries should understand before asking the court to impose one.

Putting an LLC interest into an estate plan requires more than naming a beneficiary. California business owners should coordinate their living trust with operating agreements, transfer restrictions, management rights, and succession provisions so ownership and control operate as intended after death or incapacity.

California probate conservatorships can be terminated when continued court supervision is no longer legally necessary. Learn who may seek termination, what the court considers, and why ending the conservatorship may still require a final accounting and other administrative steps.

A conservator of the estate must identify and value the conservatee's assets early in the case. The California conservatorship inventory and appraisal establishes a financial baseline that can affect future accountings, bond requirements, property management, and court review.

Contested probate cases can involve many of the same discovery tools used in ordinary civil litigation. Learn how documents, depositions, subpoenas, written discovery, privacy rules, and evidentiary disputes can shape a California probate case before it ever reaches trial.

Difficult probate estates can require work far beyond ordinary administration. California courts may award extraordinary compensation for appropriate additional services, but the award is discretionary and generally requires detailed evidence explaining the work, time spent, and benefit provided to the estate.

PEOPLE Magazine contacted California estate attorney David A. Esquibias, founder of Westlake Law Group and a Certified Specialist in Estate Planning, Trust and Probate Law, to explain what the agreement meant for Doherty's estate and the rights her estranged husband might otherwise have had as a surviving spouse.

In July 2021, as the legal battle over Britney Spears' conservatorship captured international attention, PEOPLE Magazine turned to attorney David A. Esquibias for insight into what the latest developments could mean for the future of the case.

Who will inherit Gene Hackman and his wife Betsy's estate is impacted by who died first and more factors, a legal expert explains.

Trustees do not always have to sell trust assets before making final distributions. California law permits distributions of property in kind, but valuation, taxes, fairness among beneficiaries, liquidity, and the practical consequences of shared ownership should be considered first.

An irrevocable trust does not always have to continue indefinitely. California law provides several potential paths to termination, including fulfillment of the trust's purpose, beneficiary consent, court proceedings, and circumstances in which administration costs no longer make sense.

A trustee can potentially be held personally liable when a breach of fiduciary duty causes financial harm to a trust. Learn how California trustee surcharge claims differ from ordinary disagreements about judgment, investments, distributions, and administration.

Trust accounting disputes often turn on specific transactions, missing assets, unexplained expenses, or inadequate disclosure. California beneficiaries should understand what an accounting must contain and carefully review supporting records before deciding whether probate court intervention is appropriate.

A California trustee may generally hire attorneys and use trust funds for appropriate administration expenses, but that authority has limits. Learn why the purpose of the legal work, fiduciary conduct, and careful documentation can become important when beneficiaries challenge attorney fees.

A request for special notice can help an interested person receive selected probate filings during estate administration. This article explains what California special notice can cover, how the Judicial Council form works, and why receiving notice is different from objecting to a proposed action.

Finding an asset after probate has closed does not always require the same solution. This article explains California subsequent administration, why ownership and transfer method must be checked first, and what families should review before collecting or distributing newly discovered estate property.

A California probate status report explains why an estate is not yet ready for final distribution and what remains to be completed. Beneficiaries and personal representatives can use the report to understand delays, unresolved tasks, and the expected path toward closing the estate.

A person named as successor trustee does not necessarily have to serve. This article explains how acceptance can occur, how a trustee appointment may be rejected, and why reviewing the trust before taking control of assets can prevent avoidable complications.

Revoking a will in California requires more than simply deciding that an old document should no longer apply. This article explains recognized revocation methods, why handwritten changes can create uncertainty, and why the rest of the estate plan should be reviewed at the same time.

California executor compensation is generally based on a statutory formula tied to estate value, but extraordinary services may be treated differently. This overview explains what executors and beneficiaries should look for when compensation is requested during the probate closing process.