Resources
The Tresp Law blog
Plain-English writing on California estate planning, trusts, probate and trust and estate disputes — grouped so you can find the answer to the question you actually have.
The Tresp Law, APC blog covers California estate planning, trusts and trustees, probate administration, and trust and estate litigation. Articles are grouped by topic so you can move from a single question to the service page that explains the whole process. Written by the firm’s attorneys in San Diego County.
Latest articles
Lack of Capacity to Sign a Trust or Will in California
California measures capacity at the moment of signing, not by diagnosis alone. For a will, Probate Code §6100.5 requires understanding of the testamentary act, the…
Read the articleWhat If the Trustee Won't Provide an Accounting?
California trustees must keep beneficiaries reasonably informed and, with limited exceptions, account at least annually (Probate Code §§16060–16062). A…
Read the articleHow Long Do I Have to Contest a Will in California?
In California, an interested person generally has 120 days after a will is admitted to probate to contest it (Probate Code §8270). You can also object before…
Read the articleCalifornia No-Contest Clauses: When They Are Enforced
California enforces a no-contest clause only against a direct contest of the instrument brought without probable cause (Probate Code §§21310–21315). A…
Read the articleElder Financial Abuse and California Probate Code 859
California financial elder abuse is the wrongful taking of an elder’s property for a wrongful use, with intent to defraud, or by undue influence (Welf. & Inst.…
Read the articleWill Contest vs. Trust Contest in California
A will contest challenges a will in probate. A trust contest challenges a trust or amendment, usually under Probate Code §17200. Most funded California estates are…
Read the articleHow the blog is organised
- Estate Planning
- 33 articles
- Trusts
- 14 articles
- Probate
- 10 articles
- Litigation
- 16 articles
- Business
- 2 articles
- Firm News
- 1 article
- Where to start for planning
- Estate Planning or Trusts
- Where to start after a death
- Trust Administration or Probate
- Questions
- (858) 248-2779 or contact us
Estate Planning
Wills, trusts, directives, guardianship and keeping a plan current. For the service overview, see Estate Planning.
- Pillars of Peace of Mind: Estate Planning Services
- Essential Estate Planning for Parents of Minor Children
- The Benefits of Involving a CPA in Your Estate Planning
- How to Draft Your Planning Documents for Incapacity to Ensure Proper Care
- Best Option or Only Option? Conservatorships
- How to Choose an Estate Planning Attorney
- What Happens if You Die Without Creating a Will or a Trust?
- Overcoming Language and Cognitive Barriers in Estate Planning
- When Is the Best Time To Create an Estate Plan?
- Estate Planning for Blended Families
- What Is a Holographic Will?
- Donating to Charity With Crypto
- How To Decide on a Long-Term Care Facility for Your Loved One
- When to Update Your Estate Plan
- A Late Radio Host and His Estate Planning Predicament
- What Happens to My Cryptocurrency When I Pass?
- Why NOT to Name Your Minor as a 401(k) or IRA Beneficiary
- Keeping Your Estate Plan up to Date After the Birth of a New Child
- Choosing Guardians for Our Children
- The SECURE Act and What This Means for Your Current IRA
- Now Is the Time to Gift
- Attorney vs. DIY Online: How One Person Can Make All the Difference
- The Benefits of Including Your Life Insurance Policy in Your Estate Plan
- Incapacity and What It Means for Your Estate Plan
- Navigating Personal Property
- Stock Market Volatility and the Effects on Your Estate Plan
- The Meek Shall Inherit Your House? Leaving Your Estate to a Pet
- Estate Planning — Not Just for Wealthy People or Parents
- DIY Estate Planning: Yes or No?
- How Well-Written Is Your Estate Plan?
- Estate Plans Are Critical for Singles
- When to Know You Need an Estate Plan
- Will Your Estate Planning Documents Hold Up When You Pass?
Trusts
Choosing and serving as trustee, funding, distributions and trust structures. For the service overview, see Trusts.
- Does a Private Fiduciary Need to Consider Beneficiary Input?
- What Can Happen When a Trust Is Not Set Up Properly?
- How To Choose a Trustee
- Beware the Dreaded Reassessment
- Irrevocable vs Revocable Trusts: A Primer
- Special Needs Trusts
- How Long Should My Children Wait to Receive Distributions?
- Isn’t Joint Tenancy Enough? Why Do I Need a Trust?
- Sole Trustee or Co-Trustees?
- What Is Fiduciary Accounting?
- Trust Administration: What Your Beneficiaries Can Expect
- Should I Name a Private Fiduciary in my Trust/Will?
- Will Your Trust Actually Work as Intended? A Harsh Lesson That Lost the Family Home
- Protect Your Home With a Trust
Probate
Executors, the court process, ancillary probate and what probate costs. For the service overview, see Probate Administration.
- Probate Attorney & Estate Administration Guide
- Beneficiary Rights vs. Executor Duties
- What Are the Pros and Cons of Entering Probate Court?
- Why Hire a Probate Attorney?
- What Does It Mean to Be Executor of an Estate?
- What Is Ancillary Probate?
- Probate Code 6124: What Is It and How Could It Affect You?
- Holographic Will Found Months After Aretha Franklin’s Passing
- The Probate Process Explained
- What Happens if You Die With Debt?
Litigation
Disputes between beneficiaries and fiduciaries, elder abuse and court practice. For the service overview, see Trust & Probate Litigation.
- How to Contest a Trust in California
- What Is Undue Influence in a California Trust or Will?
- How to Remove a Trustee in California
- Trustee Breach of Fiduciary Duty
- Will Contest vs. Trust Contest in California
- Elder Financial Abuse and California Probate Code 859
- California No-Contest Clauses: When They Are Enforced
- How Long Do I Have to Contest a Will in California?
- What If the Trustee Won't Provide an Accounting?
- Lack of Capacity to Sign a Trust or Will in California
- Tresp Law APC Court Hearings Guide
- What To Do When Your Family Is Arguing Over Inheritance
- Will My Trustee Kick Me Out of My Home?
- Signs of Elder Abuse
- What Is a Quiet Title?
- Sibling Squabbles: How to Navigate Family Dynamics After a Parent Passes
Business
Compliance and planning topics for business owners. For the service overview, see Business Planning.
Firm News
Notes from the firm and the causes we support. For the service overview, see In Our Community.
Reading an article is not the same as getting advice
These articles are general information about California law. They are not advice about your trust, your parent’s estate, or your deadline — and trust and probate deadlines are unforgiving. If something here sounds like your situation, the next step is a conversation. Call (858) 248-2779 or request a consultation. You can also read about our attorneys or find the office nearest you on the locations page.
Related services
Common questions
Frequently asked
Who writes the Tresp Law blog?
The attorneys of Tresp Law, APC. Principal Attorney Elizabeth A. Tresp, JD, LL.M., reviews the firm’s published material. Articles cover California estate planning, trusts, probate administration, and trust and estate litigation.
Why did the old blog links change?
Articles previously lived in three separate blog collections, which meant the same article could exist at several addresses. Everything now has one canonical address beginning with /blog/, and the old paths redirect to it, so links you have saved or shared should still work.
Can I rely on a blog post for my own situation?
No. These posts are general legal information, not legal advice, and reading one does not create an attorney-client relationship. California trust and probate law is fact-specific and many rights are lost by missing a deadline — speak with a qualified attorney about your own circumstances.
This page is general legal information, not legal advice, and does not create an attorney-client relationship. California trust and probate law is fact-specific and deadlines are unforgiving — please speak with a qualified attorney about your own circumstances.
Talk with a San Diego trust & estate attorney
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Whether you are planning ahead, administering a trust or estate, or facing a dispute, our attorneys will tell you plainly where you stand and what your options are.