Calabasas trust attorneys

What Happens When the Person You Named as Trustee Doesn’t Want the Job? Calabasas Trust Attorney Answers

by Estate Planning

Choosing a trustee is one of the most important decisions you make when creating a trust. But what happens years later if the person you selected says, “I don’t want to do it”? Fortunately, naming someone as trustee does not usually force that person to serve.

Can a Trustee Refuse to Serve?

Generally, yes. Someone named as trustee can typically decline the appointment. The exact procedure may depend on the trust document and California law. That is one reason a well-drafted trust should name at least one successor trustee. If your first choice cannot or will not serve, the next person named in the trust can usually step in.

What If No Successor Trustee Is Available?

Problems can arise if every person named in the trust is unable, unwilling, or unavailable to act. Depending on the trust language and California law, the beneficiaries, another authorized person, or a court may be able to appoint a replacement trustee. That process can add time, expense, and uncertainty. A better approach is to address the possibility in advance.

Should You Ask Someone Before Naming Them?

Yes. Naming someone without discussing it first may lead to surprises later. Explain what the role may involve, including managing assets, communicating with beneficiaries, keeping records, handling distributions, working with financial professionals, and following the instructions in the trust. A person who loves you may still decide that serving as trustee is not the right responsibility for them.

When Should You Review Your Trustee Choices?

Estate plans should be reviewed periodically because the people in our lives, and their circumstances, change over time. A trustee who was a great choice ten years ago may now be older, living farther away, managing a demanding career, facing health concerns, or simply no longer comfortable taking on the responsibility. Checking in with the people you have named gives everyone a chance to understand the role and lets you make changes before they become necessary.

The goal is not simply to have a name written into your trust. It is to have someone you trust who is also willing and able to step in when your family needs them.

If it has been a while since you reviewed your trustee and successor trustee choices, Law Offices of Lisa Golshani can help you take another look at your plan and make sure it still reflects the people and circumstances in your life today. Contact our Calabasas office at (818) 334-2805 to schedule a conversation.

choosing an executor in Calabasas

Choosing an Executor in Calabasas: What If Your Executor and Your Children Hate Each Other?

by Estate Planning

You trust your sister completely. She is organized, responsible, good with money, and exactly the person you want handling your estate. There is just one problem: your children cannot stand her.

When choosing an executor in Calabasas, financial responsibility matters, but so do family dynamics. The person administering your estate may have to communicate with beneficiaries, handle sentimental property, sell assets, answer questions, and make decisions during an already emotional time. If everyone walks into that process expecting a fight, even a well-written estate plan can become harder and more expensive to administer.

Does an executor have to get along with the beneficiaries?

No. Your executor does not need to be your children’s best friend. In fact, sometimes a little emotional distance is helpful. An executor’s job is to administer the estate according to your will and applicable law, not to make every beneficiary happy. But there is a difference between healthy independence and outright hostility.

Imagine naming your brother as executor when he and your daughter have not spoken in ten years. Now he is deciding when your house will be sold, communicating with attorneys and accountants, handling personal belongings, and telling your daughter when she can expect her inheritance.

Every ordinary administrative decision can suddenly feel personal.

Can beneficiaries overrule an executor?

Generally, beneficiaries cannot simply overrule an executor because they disagree with a decision. An executor has legal responsibilities and authority to administer the estate.

However, that does not mean the executor has unlimited power. Beneficiaries may be able to challenge an executor who breaches fiduciary duties, mismanages estate property, fails to provide required information, improperly favors certain beneficiaries, or otherwise violates applicable law.

In serious cases, a court may be asked to remove the executor. That means naming someone who already has a hostile relationship with your beneficiaries can create fertile ground for suspicion and litigation, even if the executor is trying to do everything correctly.

Who should you choose as your executor?

The best executor is not automatically your oldest child, closest sibling, or best friend.

Look for someone who is trustworthy, organized, financially responsible, able to communicate calmly, and capable of separating personal feelings from their legal responsibilities.

For families with significant conflict, a neutral third party or professional fiduciary may sometimes be worth considering. Paying someone to administer the estate can seem unnecessary while you are alive, but it may be considerably less expensive than paying lawyers to resolve a family war afterward.

When choosing an executor in Calabasas, ask yourself a question that goes beyond, “Who do I trust?” Ask: Who can my family trust when I am no longer here to keep the peace?

At Law Offices of Lisa S. Golshani, APLC, we help families create estate plans that consider not only their assets, but the people who will eventually have to carry out the plan. Please call (818) 334-2805 to schedule a consultation. We can help you make sure the people you choose are as carefully considered as the documents themselves.

 

Frequently Asked Questions

Can an executor also be a beneficiary?

Yes, an executor can generally also inherit from the estate. In fact, it is common for a spouse or adult child to serve as executor and beneficiary.

Can beneficiaries remove an executor?

Potentially. Removal generally requires legal grounds, such as misconduct, breach of fiduciary duty, or inability to properly administer the estate. Simply disliking the executor is generally not enough.

Should I name a professional executor if my family does not get along?

It may be worth considering. A neutral professional can remove some personal conflict from estate administration, particularly when substantial assets or difficult family relationships are involved.

San Fernando Valley estate attorney

The #1 Mistake New Executors Make at the Bank (and How to Avoid It)

by Estate Planning

If you’ve recently been named the executor of a loved one’s estate, you are probably running on autopilot. Between making arrangements and notifying family, the last thing on your mind is navigating a bank’s bureaucracy.

But there is one step that, if skipped or delayed, can create a serious legal and financial headache for you personally: Opening the estate bank account.

The Danger of “Doing It Later”

It is tempting to pay a few final utility bills or deposit a small refund check using your personal account, planning to sort it out later.

Don’t. In the eyes of the court, this is called commingling, and it is the fastest way to lose the trust of beneficiaries or find yourself personally liable for estate debts. The estate’s money needs to live in its own dedicated account, completely separate from yours, from day one.

Why the Bank Might Turn You Away

Most people walk into a branch with a death certificate and expect to walk out with an account. It is rarely that simple. Banks are highly regulated and require specific court-validated documents before they can grant you access to an estate account.

This is where working with a San Fernando Valley estate attorney early makes a real difference. Without the correct court orders, specifically your Letters Testamentary and a properly obtained EIN, the bank cannot move forward, and neither can you.

What You’ll Need to Bring

To make your trip to the bank successful on the first visit, you will typically need the following:

  • A certified copy of the death certificate (not a photocopy).
  • Your Letters Testamentary, the official probate court document naming you as the authorized executor.
  • The estate’s EIN, which functions like a Social Security number for the estate itself.
  • Your personal ID to confirm you are the person named in the court documents.

Getting these pieces together correctly and in the right order is something a knowledgeable San Fernando Valley estate attorney can help you move through efficiently.

Protect Your Peace of Mind

Opening this account creates a clear, documented paper trail from the start. That trail is your best protection if a creditor or a frustrated family member ever questions how the estate was handled.

You do not have to guess at the requirements or wrestle with the paperwork on your own. We help families navigate these early steps every day, making sure you have exactly what the bank needs so the process keeps moving forward without unnecessary delays.

If you are ready to move forward with confidence, we invite you to reach out and schedule a consultation. Let’s make sure this is handled correctly from day one

Calabasas estate attorney

How Do You Provide Legal Notice to Creditors After a Loved One Passes? A Calabasas Estate Attorney Explains

by Probate

After a loved one passes away, one of the executor’s most important legal responsibilities is notifying creditors of the death. This process, known as providing “notice to creditors,” protects both the estate and the personal representative by establishing a clear timeframe for creditors to come forward with claims.

As a Calabasas estate attorney, I help families navigate this requirement regularly. Understanding how and when to notify creditors can prevent costly mistakes and ensure the estate is settled properly under state law.

Why Is Notice to Creditors Required?

Legal notice to creditors formally announces the death and the opening of the estate, gives creditors a limited window to submit valid claims, and protects the executor from personal liability. Without proper notice, creditors may have years to make claims against the estate. Following the correct notification process helps bring a timely closure to the estate.

How Do You Notify Creditors?

The process typically involves two steps:

  1. Direct Notice to Known Creditors: The executor must send written notice directly to any creditors known to the estate, including mortgage companies, credit card issuers, and medical providers. This notice should include information about the death, the deadline for filing claims, and where claims should be submitted.

  2. Published Notice in a Newspaper: Most states also require the executor to publish a notice to creditors in a local newspaper of general circulation. This public notice alerts any unknown creditors who may have claims. The notice typically runs once a week for several consecutive weeks.

What Happens After Notice Is Given?

Once proper notice has been provided, creditors typically have a limited timeframe to submit their claims–often three to six months, depending on state law. Claims filed after the deadline may be barred.

The executor must then review submitted claims and pay valid debts from estate assets before making distributions to beneficiaries. Debts are paid in a specific order of priority, with funeral expenses, administrative costs, and taxes typically taking precedence.

Common Mistakes to Avoid

Failing to notify known creditors can expose the executor to personal liability. If creditors are not properly notified and later make valid claims, the executor could be held personally responsible for paying those debts.

Being thorough when identifying creditors is crucial. Review financial records, bank statements, and incoming mail carefully to ensure no creditor is overlooked.

Get Professional Guidance

Providing notice to creditors is just one of many legal requirements in settling an estate. Working with an experienced Calabasas estate attorney ensures you fulfill your obligations correctly and protect yourself from potential liability.

If you’ve been named executor and need help navigating the probate process, contact us at 818-334-2805 to schedule a consultation. We’re here to provide clear guidance every step of the way.