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
As Trustee, you have a duty to defend the Trust in actions and lawsuits filed against it. This duty is the flip side of a Trustee’s duty to enforce claims, where a Trustee must sue to enforce a debt owed to the Trust.
The duty to defend requires the Trustee to take all reasonable
You have no duty to sue, it’s true. If someone owes you money and you don’t want to go to the trouble of collecting it, or suing for it, you have the right to just let it go by the wayside. It ‘s your money and you have the right to give it away.
Quick piece of advice: if you do not like bookkeeping, don’t be a Trustee. It takes a good deal of time and effort for a Trustee to properly keep Trust assets, separate, and identified. Not only that, but every expense you have, every bill you pay, must be documented with a receipt.
Why all
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
The Trustee wants to be done with the Trust administration and decides to have the beneficiaries sign a waiver and release so a final Trust distribution can be made. But waivers and releases are not always the best way to proceed in Trust matters because they can be challenged
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
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
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/
As a beneficiary of a California Trust, you have the right to information and a full and complete Trust accounting. So often, however, this information is never provided to the Trust beneficiaries. When that happens, it is up to you to force the Trustee to account. And once you are in Court, you can