Mauriah Conway, Esq.

Question: What initial steps can I take to protect my interest as a creditor of a decedent's probate estate?

Answer: You can start by filing a claim with the probate court in a timely manner. California has specific deadlines for filing claims against an estate, so ensure you adhere to these deadlines. When you file your claim you need to send notice of your claim to the estate's personal representative or executor. You should attach your supporting documentation to your claim. The claim must have occurred before the decedent died, it needs to be filed within a certain time after you were provided notice as a creditor or not one year after the decedent's death. There are other statutes that come into play regarding timing and filing claims so be sure to consult with an attorney familiar with the creditor claim process.

Disclaimer: The information provided in this post is for general informational purposes only and does not constitute legal advice or a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every situation is unique; please consult a licensed attorney for advice tailored to your specific circumstances.
For more information and to speak with an attorney you can contact: https://www.lawofficeinc.com/attorney/conway-mauriah/

Companies and nonprofit organizations with proven experience are encouraged to apply now through Sept. 9.

$500,000 in grants now available to fund programs supporting Sacramento start-up businesses and entrepreneurs - City Express The City of Sacramento Office of Innovation and Economic Development is now accepting applications for grants to fund organizations that help start-up businesses and entrepreneurs in Sacramento. The “Innovation Incubator and Accelerator Grants” are focused on supporting early-stage businesses lo...

Mauriah Conway, Esq. has a new blog post up on our website:

WHY COLLEGE STUDENTS NEED POWER OF ATTORNEY FOR FINANCES AND ADVANCE HEALTHCARE DIRECTIVES: A CRUCIAL STEP BEFORE HEADING OFF TO COLLEGE

https://www.lawofficeinc.com/blog/2024/07/why-college-students-need-power-of-attorney-for-finances-and-advance-healthcare-directives-a-crucial-step-before-heading-off-to-college/

Tony Bennett’s Family Embroiled in Lawsuit over Alleged Mishandling of Trust Assets

The late singer Tony Bennett created an estate plan for his blended family. On June 12, 2024, two of Tony’s children from his second marriage filed suit alleging that their stepsibling, acting as trustee of their father’s trust, failed to disclose some of Tony Bennett’s assets among other claims. How things will end up remains to be determined. However, some of this could have been avoided by naming an independent Trustee. Even non-blended families can have discord when a family member is named, but the risk is typically greater in blended families. Protections can be included in a trust document if a family member acts as a trustee by appointing a trust protector who can review the trustee’s actions and remove a trustee who fails to meet their fiduciary obligations.

Question: Am I personally liable for mistakes made in administering the trust?

Answer: As a trustee, you have a fiduciary duty to act prudently and in the best interests of the beneficiaries. While you can be held personally liable for breaches of this duty, you are generally entitled to reimbursement from the trust for any reasonable expenses incurred in administering the trust. However, if you engage in gross negligence, self-dealing, or other egregious misconduct, you may be held personally liable for damages. To mitigate your risk, it's crucial to seek professional advice when necessary, keep meticulous records of trust transactions, and communicate transparently with beneficiaries to ensure their interests are protected. Additionally, obtaining liability insurance or seeking court approval for significant decisions can provide added protection against personal liability. It is also important to remember that even if you are a beneficiary when you are acting as Trustee you cannot assert your beneficial interest. If there are conflicts it may be essential that you obtain separate counsel to represent you as a beneficiary and not use the same attorney who is representing, you as a Trustee.

Disclaimer: The information provided in this post is for general informational purposes only and does not constitute legal advice or a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every situation is unique; please consult a licensed attorney for advice tailored to your specific circumstances.
For more information and to speak with an attorney you can contact: https://www.lawofficeinc.com/attorney/conway-mauriah/

I remember reading an incredibly inspiring biography about Thurgood Marshall as a first-year law student summer intern at the California Attorney General's Office. That feels like a lifetime ago, but this man's legacy continues to inspire future attorneys.

Today we celebrate Thurgood Marshall’s Birthday!

Thurgood Marshall was an American civil rights lawyer and the Supreme Court's first African-American jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991.

The FBA’s annual Moot Court Competition was named in his memory!

Even though it will be hot, I'm looking forward to a festive celebration in my community!

With temperatures expected to be high this holiday week, we are compelled to make some adjustments to the Salute to the Red, White and Blue for everyone's safety. Event activities will now start at 7 p.m. with opening ceremonies, food and merchandise vendors and entertainment. The bike parade will unfortunately be cancelled due to excessive heat. Gates will still open at 7am for anyone looking to grab their picnic spots, but please remember to find shade and stay hydrated if you choose to come out early. We’re excited to celebrate with you Thursday, July 4th, 7pm-10pm. Elkgrovecity.org/4thofjuly

These types of life changes provide an opportunity to review not only your life insurance coverage but also your estate plan. Thank you for sharing Dianna Laney with PGL Financial

Major milestones such as getting married, starting a family, buying a home, starting a business, and entering retirement are all reasons why it might be time for a life insurance review.

Learn more about your options:
https://hubs.la/Q02z3KDS0

Question: What are my responsibilities as a trustee in administering a trust after the grantor's death?

Answer: As a trustee, your primary responsibility is to carry out the terms of the trust and act in the best interests of the beneficiaries. This includes tasks such as gathering and inventorying trust assets, managing investments, paying bills and taxes, distributing income and principal to beneficiaries according to the terms of the trust, and keeping accurate records of all transactions. You'll also need to communicate regularly with beneficiaries, provide them with the required information about the trust, and act prudently and impartially in managing trust assets. Just because you are named a Trustee does not mean you need to accept the role. If you do not want to act you can decline and then the next person on the list will need to act as the successor trustee. But, if you begin to act it is assumed you are agreeing to the act even if you do not execute a formal acceptance of Trusteeship.

Question: When should I start estate planning?

Answer: It's never too early to start estate planning. Regardless of age or financial status, having an estate plan in place can provide peace of mind and ensure your wishes are fulfilled. Life events such as marriage, the birth of children, purchasing property, or changes in health should prompt a review and update of your estate plan. Additionally, it's crucial to regularly revisit your estate plan to account for changes in laws or personal circumstances. Consulting with an experienced estate planning attorney can help you create a plan tailored to your needs and goals. Kids, heading off to college? Having a power of attorney, and an advance health care directive executed before your child leaves is an important to-do item. As I stated above it is never too early!

Disclaimer: The information provided in this post is for general informational purposes only and does not constitute legal advice or a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every situation is unique; please consult a licensed attorney for advice tailored to your specific circumstances.
For more information and to speak with an attorney you can contact: https://www.lawofficeinc.com/attorney/conway-mauriah/

DEMYSTIFYING TRUSTEE ACCOUNTINGS: A COMPREHENSIVE GUIDE

Check out Mauriah Conway, Esq.'s latest blog post on our website:

https://www.lawofficeinc.com/blog/2024/06/demystifying-trustee-accountings-a-comprehensive-guide/

Looking for something fun to do in Elk Grove? Now if only I had a pair of rollerskates!

🕺🛼 Skate into the fun at Fridays in the Grove: Party on the Plaza! All ages welcome - no registration required, just bring your socks and fun-loving spirit. Delicious food and drinks available onsite to keep the good times rolling with your family and friends!

📅 Friday, June 7th, 4PM - 8PM
📍 Old Town Plaza

This event is presented by City of Elk Grove - City Hall.

Something fun to do this summer...

AKA live plays a FREE Concert In The Park at Carmichael Park on Saturday June 8th. Here are some of the event details from Carmichael Park.

By taking proactive steps today, we can shield our loved ones from the burdensome complexities of unnecessary taxes and probate court tomorrow. Estate planning ensures a smooth transition of assets while minimizing stress and maximizing the legacy we leave behind. It's a testament to the care and consideration we invest in safeguarding the future well-being of those we cherish most.

https://www.lawofficeinc.com/attorney/conway-mauriah/

📣 Key Person Life Insurance: A Vital Safety Net for Your Business!
Is your business prepared to handle the unexpected loss of a critical team member? Key Person Life Insurance is designed to protect your company from the financial impact of losing an essential employee, like a top executive or founder. Here's why it's crucial:
🔍 What Is It?
It's a life insurance policy that a business takes out on a pivotal employee. If that key individual passes away, the company receives the payout, which can be used to cover potential financial setbacks. The benefit is generally income tax-free and can be used in a variety of ways to assist the business during a difficult time.
💼 Why Is It Important?
Losing a key person can mean losing expertise, client relationships, or revenue. The funds from the insurance help keep the business stable during this challenging time, providing financial resources for recruiting, training replacements, or maintaining operations.
💪 How Does It Help Employees and the Business?
• Business Stability: It gives the business breathing room to strategize and reorganize without the added pressure of financial turmoil.
• Employee Confidence: Employees can rest assured that the company is better positioned to weather the storm, reducing anxiety, and preserving morale.
• Client Assurance: Clients see the business has planned for contingencies, reinforcing trust and reliability.
• Employee Incentive: Employers can use the funds to recruit, hire, and train a new employee. And, when a Key person retires the company can retain the policy, use it for supplemental retirement income, or transfer the policy to the key person.

Talk to your business planning attorney to find out more.



https://www.lawofficeinc.com/attorney/conway-mauriah/

Question: Many times, probate can be avoided, so when is probate actually needed in California?

Answer: Probate is generally required in California if the deceased person owned assets in their name alone worth more than $188,500. However, certain assets, like those held in a trust, jointly owned assets, or accounts with designated beneficiaries are not included in the calculation to determine if a deceased person's estate meets the probate threshold. Even if a probate is opened these assets typically bypass probate. Trusts also avoid probate.

I like to read a book before I watch a show or a movie based on the book. This one, I've been looking forward to reading so I can watch the show.

Great blog post by Jennifer Rouse

RUFADAA!!! No, I did not just sneeze, I am talking about the act governing a fiduciary's access to digital assets!

See Jennifer Rouse's latest blog post on this topic:

https://www.lawofficeinc.com/blog/2024/05/rufadaa-no-i-did-not-just-sneeze-i-am-talking-about-the-act-governing-a-fiduciarys-access-to-digital-assets/

Question: What documents should be included in an estate plan?

Answer: A comprehensive estate plan typically includes several essential documents:
• Last Will and Testament: This document outlines how you want your assets to be distributed after your death and appoints an executor to oversee the distribution process. Often if you have a trust this document is referred to as a Pour-Over-Will. Essentially, if an asset is not in your trust at your passing the will is used to “pour” it into you trust to avoid the asset being distributed under the laws of California. However, the asset can still be subject to a probate proceeding depending on the value and type of asset.
• Revocable Living Trust: A trust allows you to transfer assets to beneficiaries while avoiding probate and providing flexibility in managing and distributing assets. The trust can be designed to limit estate taxes, maintain assets in life-time trusts for beneficiaries and provide spendthrift creditor protection.
• Financial Power of Attorney: This document appoints someone to manage your financial affairs if you become incapacitated. Even If you have a trust, this document is necessary because a Trustee does not have the authority to stand in your shoes individually. Your attorney-in-fact fulfills that role. Anyone that is 18 and heading to college should consider having a statutory power of attorney prepared.
• Healthcare Power of Attorney (Healthcare Proxy): This document designates someone to make medical decisions on your behalf if you are unable to do so. It is often coupled with a HIPPA release. Anyone that is 18 and heading to college should consider having an Advance Health Care Directive prepared.
• Beneficiary Designations: Ensuring that beneficiary designations on accounts such as retirement plans, life insurance policies, and payable-on-death bank accounts are up to date and aligned with your overall estate plan.

Question: Do I need an attorney for Trust Administration in California?

Answer: While it is possible to handle trust administrations without an attorney, navigating the legal, tax, and administrative duties can be complex. It is advisable to consult with an attorney who handles both estate planning and trust administration to ensure that all legal requirements are met and to help guide the trustee through the process. Using an attorney to represent you as a trustee not only protects you in your fiduciary role but also makes the process take significantly less time. Working with an attorney who not only prepares estate plans but also administers estate plans is an added benefit, that attorney understands the actual mechanics of administration.

To find out more: https://www.lawofficeinc.com/conway-mauriah/

Question: Why is estate planning important?

Answer: Estate planning is crucial for several reasons. Firstly, it allows you to dictate how your assets will be distributed after your death, ensuring that your loved ones are taken care of according to your wishes. Without a proper estate plan, California laws determine how your assets are distributed, which may not align with your preferences. Additionally, estate planning allows you to minimize estate taxes and administrative costs, protect assets from creditors, and appoint guardians for minor children. Overall, estate planning provides peace of mind knowing that your affairs are in order and your loved ones are provided for.
https://www.lawofficeinc.com/attorney/conway-mauriah/

Question: Often, the most common question I get about probate, is what is probate?

Answer: Probate is a legal process where a court oversees the distribution of a deceased person's assets. This court process starts when someone, usually a family member, brings a petition in probate court. The probate process ensures that debts are paid and that assets are distributed according to a decedent’s will, or if there is no will, according to California’s laws of intestacy.

Use the link below to find out more.
https://www.lawofficeinc.com/

Understanding Trust Administration vs. Probate Process in California: A Brief Comparison

Check out Mauriah Conway, Esq.'s latest blog post on our website:

https://www.lawofficeinc.com/blog/2024/04/understanding-trust-administration-vs-probate-process-in-california-a-brief-comparison/

Understanding California Probate Code Section 16061.7: A Trustee’s Guide
As an attorney specializing in estate planning and probate law, I often encounter clients who are navigating the complexities of California's legal system for the first time. One area that frequently arises is the requirement outlined in California Probate Code Section 16061.7 regarding notice to beneficiaries and heirs. In this blog post, I'll break down what this section entails when notice must be given, who receives notice, and the potential consequences of failing to provide proper notification.

Contact Mauriah Conway, Esq. to assist you with all of your Estate Planning, Probate and Trust Administration Needs (916)920-5983.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for guidance specific to your situation.

Checkout my new Blog Post at https://www.lawofficeinc.com/blog/

Question: Do all assets have to go through probate?

Answer: Not necessarily. Certain assets can pass outside of probate directly to named beneficiaries, through a trust or to a joint owner. These may include assets held in joint tenancy or community property with rights of survivorship, assets with designated beneficiaries such as life insurance policies or retirement accounts, and assets held in trusts. Additionally, assets under a certain threshold or with designated transfer-on-death beneficiaries may be eligible for simplified probate procedures or bypass probate altogether. It's essential to look at your estate plan with a qualified attorney to ensure that your assets are structured in a way that minimizes the need for probate and achieves your intended distribution goals.

Question: How long does probate usually take?

Answer: The duration of probate can vary widely depending on factors such as the complexity of the estate, whether there are disputes among heirs or beneficiaries and the backlog of the court. In general, straightforward probate cases can take anywhere from several months to a year or more to complete. Complex cases involving litigation or extensive assets may take even longer. It's essential to consult with an attorney experienced in probate law to understand the specific timelines and requirements in your jurisdiction. However, if your probate has been opened for longer than a year you are required to file a status report with the court to explain why the probate has not closed.