There are times when you know something has gone wrong with your Trust administration. Perhaps the Trustee is not making proper Trust investments, is not managing Trust assets properly, or is outright stealing from the Trust. At times, the harm caused by a Trustee can be less obvious, such as living in a home owned by […]
If you are a Trustee beneficiary who is having problems with your Trustee, you need to file for help in the probate court. To file, you bring a petition under section 17200, which gives the court the power to issue orders regarding the internal affairs of the Trust. Section 17200 provides a long list of […]
In most cases, a Trustee can be changed after a California Trust becomes irrevocable. How you go about making that change varies depending on your Trust document and your circumstances. For starters, look at your Trust document. Most Trust documents provide a method for changing the Trustee. Some Trusts allow the Trust beneficiaries to make […]
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 […]
Trustees and executors share some similarities. They are both fiduciaries. A fiduciary is someone who is put in charge of someone else’s money. A Trustee is a fiduciary over a Trust, and an Executor is a fiduciary over a probate estate. The Role of a Trustee in California The role of a trustee may be […]
If your Trust requires a distribution to you, and you’re not receiving it, you may be wondering “how long will this take?” Unfortunately, there are times when a Trust distribution takes much longer than it should to be made. Timeliness is Important As with all things involving a Trustee’s actions, Trust distributions are required to […]
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 […]
