CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Trustee Removal

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Legal Loopholes: How California Trustees Escape Liability

Posted in Trust Administration, Trustee Breach of Trust, Trustee Removal
You may be surprised to learn that there are a number of ways that a bad Trustee can escape liability in Court. For starters, if the Trustee disclosed a questionable transaction in writing to you, you only have three years in which to file a lawsuit. But that’s just the start. Consent, release, and exculpation… Continue Reading

It You Got ‘Em…Flaunt ‘Em: A California Trustee’s Duty to Use Special Skill

Posted in Trust Administration, Trustee Breach of Trust, Trustee Removal
“If you got it, flaunt it baby!” That’s one of my favorite lines from the movie The Producers by Mel Brooks. The same can be said of California Trustees (although not referring to their looks of course). For Trustees, if you have a special skill you are expected to use them. For example, if you… Continue Reading

Time To Object To Your California Trust Or Will Lawsuit

Posted in Litigation, Trust Contests, Trustee Breach of Trust, Trustee Removal
When faced with a Probate Court Petition that you do not agree with, you must object. Luckily, in California you have some leeway on when you can object because our Probate Code allows interested parties to object orally at the initial hearing. In other words, you technically do not have to have a written objection… Continue Reading

How to Handle Bad Trustees: Improper Investing

Posted in Trustee Breach of Trust, Trustee Removal, Trustees & Beneficiaries
Trustees have a staggering number of duties and obligations when it comes to investing California Trust assets.  The California Uniform Prudent Investor Act outlines these duties, many of which are simply not followed by individual Trustees.  In this video, partner Stewart Albertson discusses the duties of Trust investing for California Trustees. For more information, please… Continue Reading

Where Do You…Go To Sue? Do You Know Where to Sue Your California Trustee?

Posted in Litigation, Trustee Breach of Trust, Trustee Removal, Videos
Where do you sue your Trustee?  If you want to sue a Trustee in California, there are two issues you need to consider: (1) jurisdiction, and (2) venue. Jurisdiction is the big question—can this Trustee be sued in California? Venue is the smaller question—where in California must this Trustee be sued? Jurisdiction — The Big… Continue Reading

Now You See It, Now You Don’t: Can assets be transferred to a new Trustee without telling the old Trustee?

Posted in Trustee Removal, Trustees & Beneficiaries, Videos
  Can a new Trust be created and assets transferred without telling the Trustee? Once a Trust has assets titled in the name of the Trustee, that named Trustee becomes the legal owner of the assets. The beneficial owner of the assets is whoever is named as beneficiary. In the case of revocable trust (also… Continue Reading

Being Threatened by the Trustee? The empty threat of no-contest clauses

Posted in Beneficiary, Litigation, Trustee Breach of Trust, Trustee Removal, Videos
Nearly everyday I hear from a Trust or Will beneficiary that they have been threatened with the No-Contest clause by their Trustee or Executor.  In today’s legal world, no-contest clauses are rarely enforceable.  And yet, the threat is made.  Learn what you have to fear, if anything, about your Trust or Will no-contest clause.… Continue Reading

Can You Disinherit a Bad Trustee? The Tricky No-Contest Law in California Trust and Will Cases

Posted in No Contest Clauses, Trustee Breach of Trust, Trustee Removal
The ever confusing Trust and Will no-contest clause is continually being used and abused in California Trust and Will lawsuits. The irony is that a beneficiary is rarely, if ever, disinherited under a no-contest clause any more because the law is favorably skewed to prevent forfeiture. In other words, no-contest clauses simply do not apply… Continue Reading

Top 10 Things Every California Trust Beneficiary Must Know!

Posted in Podcasts, Trust Administration, Trustee Breach of Trust, Trustee Removal, Uncategorized
If you are the beneficiary of a California Trust, there are a few things you ought to know to help you understand and protect your rights as a Trust beneficiary.  Here’s the Top 10 things you must know as a Trust beneficiary: 1.  Know your Trust. Read it and then read it again.  If you… Continue Reading

Trustee Exculpation: Letting a California Trustee Off the Hook

Posted in Trustee Breach of Trust, Trustee Removal, Videos
In California, a Settlor can limit the liability of a Trustee by including Trust provisions that make the Trustee liable only in the event he acts recklessly or with gross negligence.  That may not sound significant, but it can have a devastating result when a beneficiary is trying to hold a Trustee accountable for his… Continue Reading

A Fight from Start to Finish: How a California Trust can go from bad to worse…and then to Court

Posted in Trustee Breach of Trust, Trustee Removal, Trusts
There’s Trusts that run smoothly, there’s Trusts that have a few problems, and then there’s Trust where everything is a fight from start to finish.  Which Trust sounds most like yours? Smooth Sailing.  This is the way Trusts are supposed to work.  The successor Trustee takes over management of the Trust, the assets are collected and… Continue Reading

Is Donald Sterling Crazy, or is Shelly Sterling Crazy Like a Fox? How a little known California Trust provision could save or sink a $2 billion deal

Posted in Lack of Capacity, Trust Administration, Trustee Removal, Uncategorized
One of the biggest benefits of creating a revocable, living Trust is that it allows your successor Trustee to manage your affairs if you lose capacity.  Sounds good, but who decides when your capacity is kaput? That will be the question for the Court to decide on Monday, July 7th when a Los Angeles County… Continue Reading

When a Beneficiary “Can’t Get No Satisfaction”: How to Remove a California Trustee in 3 “Easy” Steps…

Posted in Trustee Removal
How do you remove a California Trustee in three “easy” steps?  In truth, the steps aren’t so easy.  But Trustee removal is not impossible either.  It just takes time (a lot of time), patience, money, and emotional fortitude.  (See our What to Expect series for a more detailed discussion of the litigation process). The legal… Continue Reading
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