Can a Trustee Be the Sole Beneficiary of a Trust? Losing a loved one can be challenging, and navigating the...
Topics on Trust and Estate Planning and Probate and Trust Litigation
What Trustees Can’t Do to the Estate: Know Your Rights
What a Trustee Cannot Do A trustee must abide by the trust document and the California Probate Code. They are...
Defending a Trust Contest in California With Probable Cause
Defending a Trust Contest in California Understanding Trust Contests What is a Trust Contest? A trust contest is a...
Trustee Accused of Breach of Fiduciary Duty – What to Do
Trustee Accused of Breach of Fiduciary Duty What to do! A trustee is one of the most challenging roles under the law. Property owners, known as settlors or grantors, establish trusts to put assets under the oversight of a neutral third party for beneficiaries....
Toxic siblings after their parents’ death
Toxic siblings after their parents' death Siblings are not legally entitled to inheritance unless both parents are deceased. Inheritance rights may also be validated when the surviving spouse is incapacitated. Circumstances surrounding inheritance rights depend on...
Beneficiary Doesn’t Want to Sign the Release. What to do
Beneficiary doesn't want to sign the release. What do I do? Trustees benefit significantly from "release." In general, the "release" clause protects the trustees against lawsuits. As a result, when it is enacted, a beneficiary may not be able to sue the trustee in the...
Can a Beneficiary Stop the Sale of a Property?
Probate Litigation Attorney Can a Beneficiary Stop the Sale of a Property? Can a trustee sell trust property? A trust is a contract between two parties that commits one to keep the legal title to the other's assets and oversee them for the benefit of the owner and any...
Inheritance Issues with Siblings. What are Your Rights
Inheritance Issues with Siblings. What are Your Rights Inheritance issues are inevitable unless you are an only child. As the inheritor, i.e., a beneficiary, you should anticipate anything. That's either disagreement regarding the selected inheritor, inheritance...
How Much Should a Trustee Be Paid in Fees?
Probate Litigation Attorney How Much Should a Trustee Be Paid in Fees? A trustee fee is compensation for managing the finances, property, or other assets within a trust after the grantor's death. As a trustee, the primary responsibility is to manage the trust's assets...
Trustee Accounting and What You Should Consider
Trustee Accounting Trust Law says that Trustee accounting is the Trustee's fiduciary duty to keep beneficiaries up-to-date about the "terms" of the Trust. This includes, but is not limited to, any instructions, directions, or administration that may affect the Trust's...
Taking Siblings to Court Through Court Action. What to Know
Legal Action Against Siblings In California, co-owners of an inherited property can initiate a partition action against siblings to force the property's sale, with the court overseeing the sale and profit division among the co-owners. My sister stole my inheritance...
Breach of Trust: Fiduciary Duty – Breach of Trust
Breach of Trustee Duty A fiduciary is an entity in a position of trust and duty to another person. It could be an attorney, a trustee, or a board of directors. They have a fiduciary duty, in this case, to act in the best interest of the client, the beneficiary, or the...
Can A Trust Be Dissolved By the Trustee and Your Options
Can a trust be dissolved by the trustee During trust administration in California, a trustee may need to terminate the trust. To do so, adherence to California's probate and trust laws is crucial. Additionally, tax considerations play a vital role in the dissolution...