Undue influence requires proof of the actions and tactics taken by the undue influencer. Actions and tactics include, but are not limited to: (1) controlling necessaries of life, education, the victim’s interactions with others, access to information, or sleep, (2) use of affection, intimidation, or coercion, (3) initiation of changes in personal or property rights, […]
To prove undue influence, one of the four elements you must establish is that the undue influencer was in a position of apparent authority over the victim. Evidence of apparent authority includes, but is not limited to, their status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or […]
There may be nothing worse than having to fight for what is rightfully yours. As a trust beneficiary you are entitled to one thing above all else–trust distributions. Some trusts mandate distributions as “outright and free of trust” (meaning distributions now), some require assets to be held in trust until a certain age, and some […]
For purposes of undue influence, a person may be considered to be vulnerable (or susceptible) to undue influence based on incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency. These factors in conjunction with whether the influencer knew or should have known of the alleged victim’s vulnerability, play a role […]
In a recent episode of Ask 2 Lawyers, we tackle the latest development in Reggie Bush’s ongoing lawsuit against the NCAA and USC. Bush, the former USC football star and NFL player, is suing for the exploitation of his name and image without compensation. For years, the NCAA and USC profited immensely from Bush’s stardom […]
So, are they frozen? No, trust assets are not automatically frozen when you file a trust contest lawsuit (or any other type of trust lawsuit). In order to freeze trust assets, you must file for a temporary restraining order and preliminary injunction. These are rarely granted but can be obtained in certain cases. Freezing assets […]
In a major development in the Girardi & Keese fraud case, Christopher Kamon, the former CFO of Tom Girardi’s now-defunct law firm, recently pled guilty to two counts of wire fraud. This outcome wasn’t much of a surprise, as many had long suspected Kamon’s role in embezzling millions of dollars from the firm’s client trust […]
You may be surprised that a trustee can sell a home that is titled in the name of the trust without your consent. The trustee is the legal owner of the trust assets, they manage the trust assets, control them, and call all the shots. A trust beneficiary is the beneficial owner of the trust […]
Nothing is more troubling than a trustee who fails, or worse yet refuses, to account. The California Probate Code, along with most trust documents, require the trustee to account annually to the trust beneficiaries. The required trust accounting also must be in a set format outlined under Probate Code sections 1060 through 1063. The format […]
When it comes to trusts it can often seem like trustees are all powerful. But are they really? The answer may surprise you. So let’s discuss, how powerful is a trustee? On the one hand, trustees do have a tremendous amount of power over the trust and its assets. In legal terms, they are referred […]
