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.
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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.
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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 —
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
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
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.
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.
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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
If you are a Trustee of a California Trust, you have a lot to learn about your duties and responsibilities. And the law assumes you know your duties. In this video we discuss how to learn about your duties as Trustee.
Most Trusts allow Trustees to pay themselves “reasonable” fees for the work they do, but what is reasonable? That depends on the type of Trustee you have. In this video, Keith Davidson discusses some of the issues relating to reasonable Trustee fees that can be charged by your Trustee.