When people hear the word “incapacity,” they often think of a coma or a catastrophic medical event. In reality, incapacity can look much more ordinary. A parent may be unable to pay bills, manage investments, understand financial decisions, remember medication, safely live alone, or communicate medical choices. When that happens, the family often has to move quickly, and the person named as successor trustee, attorney-in-fact, or health care agent may suddenly have real and u

Many people feel a sense of relief once their estate plan is signed, and understandably so. Putting a plan in place is an important accomplishment. But estate planning is not something that should be done once and then forgotten. Your estate plan works best when it continues to reflect your current life, your current wishes, and the people you trust to carry them out. As a general rule, it is wise to review your estate plan every three to five years. Even if nothing dramatic

Choosing a trustee is one of the most important decisions in any estate plan. In California, a trustee is not simply a helper, they are a fiduciary held to some of the highest legal duties. Whether a trust administration runs smoothly or ends in litigation often comes down to how well the trustee understands and fulfills that role. Under the California Probate Code, a trustee must follow strict legal obligations, including the duty of loyalty, impartiality, prudent administra

Choosing two co-trustees can sound like a built in safety feature, but in real life it often creates friction that slows everything down. Some trusts require co-trustees to act together, which means routine tasks like paying bills, selling a home, investing funds, signing tax returns, or even just responding to a bank can turn into a two signature process. If the co-trustees do not communicate well, live in different states, or have different views on what is best, administra