How hard is it to obtain your California inheritance? That’s really a loaded question because our law firm deals primarily with clients who have a difficult time obtaining their inheritance. That’s why they come to us because they have some sort of problem that is preventing them from getting the money that they deserve – […]
We have used the term abused beneficiary for many years now. When we refer to an abused beneficiary, we mean a Trust or Will beneficiary that has been denied their rightful inheritance in some fashion. There are two main types of abused beneficiaries, which we refer to as vested and non-vested beneficiaries. Vested Beneficiaries: Recognizing […]
If a Trustee commits a breach of Trust, or threatens to do so, California law allows a beneficiary or a co-Trustee to take action. What action can you take? That depends on the type of breach committed. Under Probate Code section 16420, the court is authorized to take the following actions: Compel the Trustee to perform his […]
Statutes of limitations are the deadlines by which you must file a lawsuit. We are seeing more and more people miss the filing deadline in the California Trust and Will Litigation arena. We think the reason this is occurring is because the statutes of limitations for Trust and Will issues are complicated. There is not […]
Does a beneficiary have to sign a release? Under Probate Code section 16004.5, a Trustee cannot require a beneficiary to sign a release in exchange for making a distribution of Trust assets, provided that the Trust distribution is required to be made as stated in the Trust document. For example, if you are entitled to […]
If you have a bad Trustee who mismanaged assets, misappropriated them, or just stole them, you may be wondering how to find the money. That is a good question, and not always easy to answer. Of course, much depends on how the money was taken, or whether the money was ever part of the Trust to begin […]
There are a few exceptions to a Trustee’s duty to provide you with a Trust accounting no matter what type of beneficiary you happen to be. Where the Trust Document Waives an Accounting. If the Trust document waives an accounting, then a Trustee does not have to provide an accounting. This is an important exception, so […]
You are entitled to an accounting…maybe…depends. The truth is some beneficiaries are entitled to an accounting as a matter of right, while other beneficiaries may obtain an accounting at the discretion of the Court, but not as a matter of right. Right to Reasonable Information For starters, all beneficiaries are entitled to reasonable information from the […]
Being named a successor Trustee does not necessarily obligate you to take action. While it is true that Trustees have a host of duties and responsibilities, those duties don’t arise until a Trustee agrees to act. Being named a successor Trustee in a Trust document does not obligate that person to act. If, however, the successor Trustee either […]
How do you protect a parent who you think is being abused by the Trustee of a revocable trust or some other bad actor? You might think that your parent lacks capacity to manage their own financial affairs, or perhaps you think they are subject to undue influence and being manipulated. The problem with revocable trusts […]
