Westlake Law Group Legal Blog

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.

Independent administration can reduce the number of probate actions requiring advance court approval, but it does not remove fiduciary duties or notice requirements. Learn what California personal representatives and beneficiaries should understand when an estate is being administered under the Independent Administration of Estates Act.

Intellectual property can produce income and require active management long after its owner dies. Learn how inventories, contracts, fiduciary roles, federal ownership records, royalty reporting, and coordinated estate documents can help preserve copyrights, trademarks, patents, and licensing rights.

A conservatorship capacity declaration gives the court clinical evidence about a person’s functional decision-making abilities. This article explains what the evaluator reviews, why the assessment must match the requested powers, and how incomplete or unsupported information can affect the proceeding.

Probate estates may retain funds for taxes, fees, closing work, and unresolved liabilities before the representative is discharged. Learn how a reserve should be estimated, explained, reviewed, and ultimately distributed when the remaining obligations have been satisfied.

When no valid will or trust controls probate property, California law determines the heirs. This overview explains why asset title, marital status, property character, adoption, descendants, and an accurate family tree all matter before an estate can be distributed.