Trusts offer a way for assets to be arranged and then distributed after the death of the grantor who establishes them, without those assets having to go through probate. Since probate is both lengthy and public, this means beneficiaries can get their assets more...
Lisa Frisella & Kim Neilson
What Happens If a Trustee Mismanages a Trust?
Trustee misconduct is a serious thing, and if you believe that a trustee of an estate in which you have interest has been mismanaging assets or failing in their responsibilities, a San Diego, CA trust litigation attorney can help you protect the trust assets and hold...
What Are the Most Common Reasons for Trust Disputes?
When beneficiaries, trustees, or other parties disagree about how a trust is administered or distributed, the result is often an emotional and legal battle. A trust litigation lawyer in San Diego, CA can help a family to set up a trust in a way that minimizes the...
What Happens If Probate Occurs Without a Will?
It's always best for any family to have an estate plan in place. As much as none of us want to think about the possibility of death, the only thing worse than leaving our family bereaved is leaving our family bereaved and having to work through an estate going through...
Benefits of Creating a Revocable Living Trust
At Frisella Nielsen APC, in San Diego, CA, we offer our clients the peace of mind that only comes with the counsel of an experienced estate planning lawyer. Estate planning is a key step in ensuring that your wealth is managed, protected, and passed on according to...
Understanding beneficiaries in estate planning
A beneficiary is an individual or an organization appointed to obtain assets or property from someone's estate following their passing. Naming a beneficiary helps ensure that the assets you leave behind are dispersed according to your wishes and that your loved ones...
An estate plan does not have to be equal
Many beneficiaries expect an estate plan to be roughly equal. This is especially true for adult children. For example, four siblings may naturally assume that they will all receive roughly 25% of their parents’ estate. However, it’s important to remember that estate...
How do people use undue influence?
In an estate planning context, undue influence occurs when someone pressures or manipulates an individual to change their estate plan. As a result, the plan may no longer reflect the person’s true wishes. While the changes or updates may appear valid—they are...
How is a medical power of attorney different?
Many people do not make medical plans in advance, either as part of their estate plan or otherwise. This is a major risk, though. If you don’t have a plan and become incapacitated, then doctors and family members won’t know the type of care you would have wanted to...
Signs that a partnership dispute could be approaching
When business partners get along, they can take the company from strength to strength. A functional partnership means sharing various responsibilities. But a partnership only remains functional in the right conditions. Partners need to communicate, compromise and...
