There are times when a Trust settlor names a successor Trustee who is not a beneficiary of the Trust. This is often a great idea because naming a child as Trustee can be disastrous. And naming two or more children as Co-Trustees is a fantastic idea if you want to keep lawyers fully employed
Videos
Undue Influence: Convincing a Person NOT To Act
Can you unduly influence someone NOT to take an action? In nearly all Trust and Will disputes, an undue influence claim is brought to overturn a Trust or Will that was executed while the elder was unduly influenced. But not every Trust and Will case turns on action, sometimes inaction can be just as…
Where Do You…Go To Sue? Do You Know Where to Sue Your California Trustee?
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 —…
How To Handle Bad Trustees: Obtaining Trust Documents
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…
Must a California Trustee Report Financial Elder Abuse?
There are certain categories of people who are required by law to report any suspected elder abuse. That includes both physical elder abuse, and financial elder abuse. Under California Welfare and Institutions Code section 15630, any private or public facility that takes on the care and custody (meaning housing) of an elder (elder…
How to Handle Bad Trustees–Tangible Personal Property
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…
Now You See It, Now You Don’t: Can assets be transferred to a new Trustee without telling the old Trustee?
Trial in California Trust and Will Lawsuits
Do California Estate Plans Really Protect You When You need Them To?
Abuse of Discretion: Enforcing a Trustee’s Power Over Your Distribution
Just because a Trustee is given discretionary power to decide when to make distributions does not mean they can abuse that power. In this video, partner Keith Davidson discusses when a Trustee must exercise discretion.