In most cases, a trustee cannot remove a beneficiary from a trust that the trustee manages. But the law is designed to address all potential scenarios. There may be circumstances in which a trustee may be able to make it happen. A trust creates a fiduciary relationship in which one party, known as a settlor, gives another […]
Follow Trust Terms The trustee has a duty to follow the Trust terms. In other words, do as they’re told. May sound obvious, but it’s remarkable how often trustees seem to get that one wrong. It is a basic trustee duty that can be found at California Probate Code section 16000. Too often individual trustees will […]
A viable financial elder abuse legal claim must contain the following elements: An ascertainable person (also known as a “bad actor”) stole an elderly person’s property or financial assets. The elderly person is at least 65 years old. The bad actor stole the assets with the intent to unfairly influence, coerce or defraud the elderly person […]
As a beneficiary of a trust in California, you may have the right to file suit against your trustee if they fail to properly manage the trust. These lawsuits are often complex and require extensive legal knowledge, but understanding the types of claims available can help you determine if you have a potential case. Here’s an overview of the types […]
One of the primary ways wealth is built in our society is for one generation to pass on money and property to the next. A stolen inheritance can jeopardize your financial future and possibly your children’s future. In the event that someone misappropriated money or other assets you expected to inherit, legal actions can be […]
Every Trust has written direction to the Trustee that sets forth how the Trust assets must be distributed to the Trust beneficiaries. Sometimes the assets are set to pass “outright and free of trust.” That just means the beneficiaries receive the assets in their own name. For example, if the Trust has 100 shares of […]
If you are a beneficiary of a Trust in California, you have legal rights. Below is a list of some of a California Trust beneficiary’s basic rights. Obtain Copies of Trust Documents Trust beneficiaries are entitled to receive copies of the Trust documents. Beneficiaries should receive copies of the Trust when either: The Trust (or […]
You must have evidence if you want to win at trial. But what is evidence? There are three types of evidence: facts, witnesses, and documents. And most facts will be introduced at trial through either a witness or a document, or sometimes both. Evidence further comes in two broad varieties: direct and circumstantial. Direct evidence […]
If you are a party to a Trust lawsuit will your case help all the Trust beneficiaries? The answer is a definite maybe. There are times when your lawsuit could help other beneficiaries that did not join the case, but there are also times when the non-participating beneficiaries could be left out in the cold. […]
Hire A Lawyer If you have a Trustee who refuses to follow the Trust terms, you are headed to court. The only way to force a Trustee to act, to do the right thing, is to file a petition in probate court and ask the judge to issue orders that will force the Trustee to […]
