CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Trustee Breach of Trust

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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

The Buck Stops…Where? California Trustees duty NOT to delegate

Posted in Trustee Breach of Trust
Funny thing about Trustees, they are expected to seek help, just not too much help.  Generally, Trustees are not allowed to delegate their duties (see Probate Code section 16012).  The rules state that anything the Trustee can “reasonably” be required to personally perform cannot be delegated.  And the Trustee can never delegate the entire administration… 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

Is Your California Trustee…Impartial? The Duty Of Impartiality

Posted in Litigation, Trustee Breach of Trust, Trustees & Beneficiaries
  The duty of impartiality: Is your Trustee treating you equally? Imagine a world where a Trustee treats each of the Trust beneficiaries equally. That is supposed to be the world we live in for ALL California Trust matters (California Probate Code section 16003), but it does not always work that way. All too often… Continue Reading

How To Handle Bad Trustees: Damages For Breach Of Trust

Posted in Trustee Breach of Trust, Trustees & Beneficiaries
When a California Trustee breaches his duties of Trust, there can be damages that must be repaid by the Trustee.  However, not every type of damage is available.  For example, there are no “pain and suffering” type damages in Trust and Will cases.  In this video, partner Keith Davidson discusses the finer points of Trust… Continue Reading

How To Handle Bad Trustees: Removal and Suspension

Posted in Trustee Breach of Trust, Trustees & Beneficiaries
Trustee removal is one of the hardest areas to litigate in California Probate court.  But if you have the right facts, then removal and suspension can be accomplished.  In this video, partner Stewart Albertson discusses the idea of Trustee removal and suspension. For more information, click this link: http://www.aldavlaw.com/practice-areas/litigation/contested-trusts-wills-probate-litigation/… 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

How To Handle Bad Trustees: Wasting Trust Assets

Posted in Trustee Breach of Trust, Trustees & Beneficiaries
When a Trustee refuses or fails to properly invest Trust assets, those assets can waste away.  Wasting Trust assets in one of the basis on which you can seek removal of your California Trustee.  In this video, partner Keith Davidson discusses Trustee removal based on wasting Trust assets. For more information, please visit:  http://www.aldavlaw.com/practice-areas/trustee-surcharge-litigation/… 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

How To Handle Bad Trustees: Obtaining Trust Documents

Posted in Trustee Breach of Trust, Trustees & Beneficiaries, Videos
You will never know for certain what your rights are under a California Trust or a California estate without first seeing the Trust or Will documents.  But how do you obtain those documents when a Trustee refuses to provide them to you?  In this video, partner Stewart Albertson describes the process of obtaining Trust and… Continue Reading

How to Handle Bad Trustees–Tangible Personal Property

Posted in Litigation, Trustee Breach of Trust, Uncategorized, Videos
Fairly often California Trust and Will lawsuits come down to the tangible personal property–things like photos, family heirlooms, and antiques.  But once one party takes off with these items how do you get them back?  Or how do you force the Trustee to give you the personal items you deserve?  In this video, partner Keith… 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
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