Some Trust administrations go smoothly and others devolve into all-out warfare in Court, but somewhere between harmony and all-out war stands troubled Trust administrations. Those are the Trusts where the Trustee and the beneficiaries can’t seem to agree on anything. Where information is not easily shared, decisions are questioned, and everything seems to be hostile. […]
Trust and will cases are heard in Probate court and there are some strange rules that apply. The rules can be hard to master because some rules for filing and pleadings are contained in the Probate Code while others are taken from the Code of Civil Procedure. This hybrid of rules makes for a lot […]
The law of Trusts requires every Trustee to invest Trust assets “as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust.” 16047. The Trustee has a duty to consider: The general economic conditions Possible effect of inflation or deflation Expected tax consequences of investment decisions or strategies […]
Most Bay Area Trustees do not understand the duties they owe Trust beneficiaries. In many cases these Trustees take adversarial positions towards the Trust beneficiaries, which is not allowed under California law. What are the duties that Trustees owe beneficiaries under California law? Glad you asked. In the video below I explain:
Let’s face it, lawyers have bad reputations, including being greedy opportunists, lazy, driving sports cars, and not really caring about their clients’ needs. I think part of that has to do with the surrounding circumstances—almost always bad—when it comes to hiring a lawyer. But our not so good reputations also come from not properly setting […]
I get calls every week from Bay Area Trust, Last Will, and Estate beneficiaries complaining that they can’t get their brother or sister, who is the Trustee and Executor of their parents’ estate plan, to provide copies of the parents’ estate plan after the parents have died. In response to these calls, I usually suggest […]
I’ve been planning to write more this year about California Trust, Will, and Probate litigation. But I’ve been hesitant to do so because: This is a very complex area of the law involving even more complex fact scenarios, which may or may not apply to a particular case. I’m worried that I may not be […]
One of the grounds for removing a San Diego Trustee (under Probate Code Section 15642) is where hostility or lack of cooperation among the Co-Trustees impairs the Trust administration. How often do Co-Trustees engage in hostility? All the time! Well, I may be jaded because I only see the bad Co-Trustee relationships, but it does […]
