A Ream of Paper Can Be Worth a
Practice of Gold
W. A. (Sam) Hlavaty, CLPF
Professional Fiduciary Services
Beginnings
• Referrals
• Interviews
• Turning
down
work
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Successor
Trustee
Language
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Successor Trustee Language
If at any time while acting as Trustee of this trust, FREDRICK
FIDUCIARY may appoint a successor trustee by designating that
person in a signed and dated writing and delivering said writing to
that designee and to all Trust beneficiaries.
This appointment is final upon that designee executing a written,
dated and signed consent to act as successor trustee of this trust.
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Successor Trustee Language
The designee shall be appointed from among those California
Licensed Professional Fiduciaries who are licensed and in good
standing with the Department of Consumer Affairs - Professional
Fiduciaries Bureau, are a member of the Professional Fiduciary
Association of California and whose practice encompasses the
county in which the Settlor is then residing.
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Successor Trustee Language
If the Settlor has died, then the appointment of a Successor Trustee shall
be made from among the aforementioned California Licensed Professional
Fiduciaries in a county where the Trust real property is located. If there is
no Trust real property then said appointment shall be made from among
the aforementioned California Licensed Professional Fiduciaries who
practice in the county where any Trust personal property is located.
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Successor Trustee Language
If FREDRICK FIDUCIARY or his designee become unable (by reason of
death, incapacity, or any other reason) or are unwilling to serve or
continue to serve as Trustee, then a new Trustee shall be appointed
by a Court of competent jurisdiction.
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Successor Trustee Language
Any individual Trustee not specifically named in this section and who is
appointed by a Court of competent jurisdiction under this section shall be
appointed from among those California Licensed Professional Fiduciaries
who are licensed and in good standing with the Department of Consumer
Affairs - Professional Fiduciaries Bureau, are a member of the Professional
Fiduciary Association of California and whose practice encompasses the
county in which the Settlor is then residing.
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Successor Trustee Language
If the Settlor has died, then the appointment of a Successor Trustee shall be
made from among the aforementioned California Licensed Professional
Fiduciaries in a county where the Trust real property is located.
If there is no Trust real property at the time of such vacancy, then said
appointment shall be made from among the aforementioned California Licensed
Professional Fiduciaries who practice in the county where any Trust personal
property is located.
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Business
and
Professions
Code 6148
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Probate Code Section 6148.
a) In any case not coming within Section 6147 in which it is
reasonably foreseeable that total expense to a client, including
attorney fees, will exceed one thousand dollars ($1,000), the
contract for services in the case shall be in writing. …the
attorney shall provide a duplicate copy of the contract signed
by both the attorney and the client…
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Probate Code Section 6148.
(a) The written contract shall contain the following
(1) Any basis of compensation including, but not limited to,
hourly rates, statutory fees or flat fees, and other standard
rates, fees, and charges applicable to the case.
(2) The general nature of the legal services
(3) The respective responsibilities of the attorney and client
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Probate Code Section 6148.
(b) All bills rendered by an attorney to a client shall clearly
state the basis thereof. Bills for the fee portion of the bill shall
include the amount, rate, basis for the calculation, or other
method of determination of the attorney’s fees and costs.
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Probate Code Section 6148.
(b) Bills for the cost and expense portion of the bill shall clearly
identify the costs and expenses incurred and the amount of the
costs and expenses.
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Professional
Service
Agreement
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Letter To
Beneficiaries:
New Sheriff
In Town
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Annual
Follow-up
Letter to
Clients
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Probate Code
16061.7
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Letter To
Beneficiaries:
Administration
Of Trust
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Letter To Beneficiaries with Enclosures
• Letter
• Notification by Trustee Pursuant to Probate
Code Section 16061.7
• True and complete copy of the entire Trust,
including any amendments to it.
• Acknowledgment of Receipt form
• SASE
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Notification
by Trustee
Pursuant to
Probate Code
16061.7
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Probate
Code
16060 &
16061
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Probate Code
16461:
Notice to
Beneficiaries
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Probate Code Section 16461
"You have 180 days from your receipt of this account or
report to make an objection to any item set forth in this
account or report. Any objection you make must be in
writing; it must be delivered to the trustee within the
period stated above; and it must state your objection.”
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Final
Distribution
Letters and
Receipt
Forms to
Beneficiaries
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Preliminary
Distribution
and Receipt
Forms to
Beneficiaries
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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Trustee
Fee
Petition
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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A Ream of Paper Can Be Worth a
Practice of Gold
W. A. (Sam) Hlavaty, CLPF
Professional Fiduciary Services
A Ream of Paper Can Be Worth a Practice of Gold / W. A. (Sam) Hlavaty, CLPF
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