BROOKS
Brooks' place of birth.
San Luis Obispo
What is the name of a named agent under a will responsible for administering the document?
Executor
What is the primary purpose of creating a trust?
To avoid probate.
This document starts a probate case in court.
Petition for Probate.
This person is most commonly sued in Trust litigation.
Trustee
How many sisters does Brooks have?
3
T/F: Having a will allows your estate to avoid probate proceedings.
False.
T/F: Someone can be both a trustee and a beneficiary under the same trust.
True.
This is a person assigned by the court to appraise the assets of an estate.
Probate Referee.
What court typically handles disputes involving trusts and trustees?
Probate Court
Where did Brooks attend law school?
University of the Pacific - McGeorge School of Law
Who must sign a will for the will to be deemed valid under the California Probate Code?
1. Settlor
2. Two disinterested witnesses
False.
California law determines who inherits when someone dies without a will under these laws.
Laws of Intestate Succession.
A trustee must act in the best interests of the beneficiaries rather than themselves. This is known as what kind of duty?
Fiduciary Duty
What type of livestock did the Hollisters drive to San Luis Obispo from Ohio in 1853?
Sheep
Can a beneficiary named in a will also sign that will as a witness?
Yes, BUT creates presumption of undue influence that must be rebutted by clear and convincing evidence.
After creating a trust, what must the settlor(s) do to ensure that their assets avoid probate?
Fund the trust.
The personal representative of an estate must generally identify and collect all of the decedent's property through a process known as:
Marshaling Assets
Mixing personal funds with trust funds is known as this:
Commingling
How many generations of Hollisters have called San Luis Obispo home?
7
What is the name used for a will that is completely handwritten?
Holographic Will
What is the current estate tax exemption amount for a married couple?
$30,000,000
California offers a simplified process for certain smaller estates through this commonly used procedure.
Small Estate Affidavit
Excessive pressure placed on a vulnerable person to change their estate plan is called this:
Undue influence