How do you know if you are a beneficiary of a Trust, and how much you are entitled to receive? The only way to know is to review the terms of the Trust document. However, that can be a problem at times when a parent refuses to share Trust document with you. Or worse yet, […]
Category: Trustee Breach
Sometimes there is a disconnect between lawyers and clients on how likely they believe the case is to succeed, and the monetary value of the case. Why? Litigants typically don’t think of their case in terms of monetary value. Litigants think of their case as a set of bad, often hurtful facts that led them […]
What do you do when a trustee refuses to give you the financial documents you are entitled to as a beneficiary? Isn’t the trustee required to give you financial information? The answer is simple: YES. The trustee has a duty to keep beneficiaries reasonably informed about the trust administration and assets. If you request financial […]
Many people aren’t familiar with our court system and how lawsuits work. For that reason, we wrote a book called Your Lawsuit. This book is an overview of the general litigation process in California. This book walks you through the different phases of your lawsuit. Below is a brief overview of the phases of a […]
You’re entitled to a distribution and you should receive it within a reasonable time. Typically, trust beneficiaries expect to receive their inheritance in a year or less, depending on the complexities of the estate. Dealing with a Non-Compliant Trustee What happens when your Trustee won’t follow the terms of the Trust? Why aren’t they following […]
Are you having a hard time receiving your inheritance? You are a named beneficiary of a trust and you are entitled to an inheritance. You should just be handed your share of the money… right? Yet a year has passed, maybe several… and you still have not received your inheritance. Why is it so hard […]
Sometimes Trustees refuse to provide beneficiaries with financial information. We can help. Before you demand a formal accounting in court, you may want to try requesting an accounting informally. You can use our ACCOUNTING DEMAND TEMPLATE and view the video instructions below. If you send an accounting demand letter and the Trustee still refuses to […]
Yes and no. Pre-death accountings refer to an accounting for the period before your parent died. If there was a Trustee other than your parent, you may be able to obtain an accounting of their activity prior to a parent’s death. But getting a pre-death accounting is not absolute. The problem is that while your […]
Yes, but the money must stay in the trust. This happens quite often with Bypass Trusts and Marital Trusts. A surviving spouse is named as the Trustee, but the Trusts themselves are irrevocable. They cannot be amended or changed, but they can be administered by the Trustee. Nearly every Trustee has the right to sell […]
Bad Trustees can make your life a nightmare. When you are the beneficiary of a Trust, you really want a competent Trustee. They don’t have to be the best necessarily, but they do need to be competent, at least. The problem is that parents, the people who create Trusts, often choose the wrong person to […]