Yes. A trustee can also be a beneficiary of a discretionary trust even though trustees and trust beneficiaries have different roles in a trust. The Trustee is the Trust manager, they manage the Trust assets and are referred to as the legal owner of the Trust property. Beneficiaries received all of the benefits from the […]
Albertson & Davidson, LLP, a California estate litigation law firm, is pleased to announce the publication of “Your Lawsuit: Understanding the Scrapes, Scratches and Indignities of the California Litigation Process From Start to Finish.” The book, written by attorneys Keith A. Davidson and Stewart R. Albertson, is a comprehensive guide intended to help the general […]
Trustee compensation can be a tricky issue. Most Trust documents do not specify an amount for Trustee compensation. And even the California Probate Code states that Trustee compensation must be “reasonable” (see Section 15681), but what is reasonable? First, let’s consider situations where a Trustee is not entitled to compensation at all because that may […]
We’ve addressed the issue of Trust and Will no-contest clauses several times in our blog posts and videos in the past, but we think it’s an important issue to keep people aware of what the legislation is in California pertaining to no-contest clauses. A no-contest clause is generally included in a Trust, Will, or both, […]
For Fifth Consecutive Year, California Law Firm Supports Students The attorneys at Albertson & Davidson, LLP understand the financial burden associated with attaining a college education and believe in creative approaches to solving issues. The law firm is pleased to sponsor our 2019 Infographic Scholarship Contest to help students with college expenses. By offering the […]
What options do you have when one of your siblings is isolating one, or both, of your parents? Well, you have two options. The first option is to file for conservatorship. And the second option is to do nothing. And, sometimes, that second option is the best option to take. Filing a Conservatorship Petition Let’s […]
We want to talk to you about a fantastic device that we’re starting to use in our cases called the Informal Discovery Conference. We call these IDCs for short. What is an Informal Discovery Conference? It’s an informal meeting with the judge to resolve a discovery dispute. Discovery disputes arise where a party either refuses […]
Nobody likes Motions to Compel. We don’t like Motions to Compel. Judges don’t like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to […]
Many times, a Trustee will get themselves into trouble because they will take some action that is a conflict of interest. A Trustee is a fiduciary of the Trust. That means that they owe a duty to the Trust and to the Trust beneficiaries to treat them fairly, to do the right thing. And one […]
How do you handle bad trustees? We do many, many consults with clients where they come in and say: “I’m the beneficiary of a trust, I have a right to these assets, and the trustee’s refusing to distribute those assets to me; what am I to do?” Many people think that we, as lawyers, can […]
