Category: Trust Litigation
Stepping in as a trustee may be an emotionally draining transition, as well as a confusing. Taking over management of a living trust is often abrupt, throwing a new trustees into a role without the necessary knowledge. Living trusts, or
The estate planning process involves making a lot of thoughtful decisions, especially when there are multiple children in blended families who are to inherit. Unfortunately, even the best laid plans result in post-death disputes. From our experience, this is likely
As a trustee, you are obligated to provide beneficiaries with accurate trust accounts under California Probate Code 16062. Remember that you are working for the beneficiaries, who are likely grieving the loss of a loved one, or may not know
Trustees are responsible for assets left behind and what happens to them. Trustees put time and consideration into the handling of the trust and should be compensated fairly. It can be, however, a pain point for the beneficiaries who do
Yes, a trustee can be removed in California and replaced under five specific factors from probate code 15642. A trustee’s role sounds simple in theory – carry out the terms of the trust. While the responsibilities seem straightforward, the person
No Contest Clauses are provisions in trusts that calls for a beneficiary who challenges in court the terms of a trust or will to be disinherited from the estate. The fear of losing one’s inheritance in its entirety can deter
In our area of practice, we have seen time and time again, instances of elder abuse, coercion, and persuasion by toxic people influence the true desires of one’s will or trust. This influence goes against what a loved one believed
Just about every case we prepare for trial is mediated at some point before trial. The courts are busier than ever and are generally understaffed, creating a backlog of cases waiting for their day at trial. In order to ease