CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Trustee Breach of Trust

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

Posted in Beneficiary, Litigation, Trustee Breach of Trust, Trustee Removal
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

A Blow to the Rights of California Trust Beneficiaries: Why don’t Court’s enforce the law?

Posted in Beneficiary, Trustee Breach of Trust
Trust and Will law can be frustrating.  Especially when you are a helpless beneficiary looking to the Trustee to do the right thing and administer a Trust in a way that is fair and honest to all concerned.  Beneficiaries have rights, and they can pursue those rights in Court, but so often the outcome of… Continue Reading

The Settlor Made Me Do It: Part 2, California Supreme Court Overturns Appellate Decision

Posted in Trustee Breach of Trust
It’s an exciting time to be a Trust and Will litigation lawyer.  Our California Supreme Court recently handed down an opinion on a very pivotal area of Trust litigation—Trustee liability.  Last October we wrote about the case entitled Estate of William Giraldin, where the Fourth District Court of Appeal held that beneficiaries of a revocable trust… Continue Reading

The Settlor Made Me Do It: California Court Clarifies When Beneficiaries Can Sue Trustees…And When They Cannot

Posted in Trustee Breach of Trust
California Trust and Will litigation is like building a puzzle.  There are a lot of moving parts in most cases and trying to figure out how and when to put the parts together can be confusing. The Fourth District Court of Appeals recently set Trust litigators straight on how and when a Trustee can be… Continue Reading

Trustees: Your Breaches Are Showing–Why Do So Many Individual Trustees Get It Wrong?

Posted in Trustee Breach of Trust
It is shocking to me how many Trustees violate their fiduciary duties.  Under California Probate Code Section 16000 et seq. there are voluminous sections on all the duties, responsibilities, and liabilities Trustees must comply with to property administrate a Trust.  There are rules on just about every action a Trustee must take, and on actions the… Continue Reading