CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Beneficiary

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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, 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

Broken Promises: Are Oral Promises to Make a California Trust or Will Enforceable?

Posted in Beneficiary, Litigation, Probate, Probate Court Litigation, Trust Creation, Trustees & Beneficiaries, Will Creation, Wills
Is an oral promise to make a will or trust enforceable under California law? Contrary to what many believe, California law provides for the enforcement of oral promises to make a will or trust. How does the promise to make a will or trust arise? Generally, a parent orally promises a child, a friend, or… 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

Lock the Gates a Fortune Awaits–California Appellate Court clarifies “Prohibited Transferee” law

Posted in Beneficiary
1. The Law of Prohibited Transferees If you’re like me, you would think that lawyers who draft Wills shouldn’t add themselves as beneficiaries (“I leave my entire estate to my beloved son…lawyer”).  Unfortunately, a few bad apples ruin the bunch, and a few bad lawyers disagreed with my opening sentence.  Thanks to them, we now… Continue Reading

How to Be a Better Beneficiary

Posted in Beneficiary
We spend a good deal of time discussing the shortcomings of individual Trustees.  But there are a few tips that beneficiaries should know to try to make a Trust administration go a little smoother. 1. Patience is a Virtue.  It takes time to properly administer a Trust estate.  Assets have to be gathered together, real… Continue Reading

California Trust and Will Beneficiaries have a Right to Information

Posted in Beneficiary, Litigation
Every beneficiary of a California Trust and Will has a basic right to information.  They have a right to see the Trust or Will document(s), they have a right to asset information, they have a right to full disclosure.  Yet not every Trustee or Executor complies with requests for information.  This video describes a beneficiary’s basic right to information. … Continue Reading

Abused Beneficiaries: We explain our view of an abused California Trust and Will beneficiary

Posted in Beneficiary, Litigation, Videos
California Trust and Will beneficiaries are subject to abuse in some cases at the hands of a rogue Trustee.  This video explains our view of an abused beneficiary.  It is important to acknowledge these cases and we fight hard to help beneficiaies who are abused.  For those viewing this blog by email subscription, you can… Continue Reading

Trust Beneficiaries Have an Absolute Right to Copies of Their Parents’ Trust

Posted in Beneficiary
I receive several phone calls each week from upset Trust beneficiaries asking if their brother or sister, who is the Trustee of their parents’ Trust, is required to provide copies of the Trust to the beneficiary after both parents have died. The answer is—yes—Trustees are required under California law to provide copies of their parents’… Continue Reading
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