Entering the world of Wills, Trusts and probate can be confusing. One of the first questions people often ask is: what is the difference between a Trustee and an Executor? To put it simply, a Trustee is the person who oversees a Trust, while an Executor is the person who oversees a Will, which often
Abuse & Fraud
Can Trustees Charge for an Accounting?
California Trustees can charge reasonable fees for their services. The amount considered reasonable varies depending on the circumstances. Professional fiduciaries typically charge a certain percentage of the total value of the Trust assets (usually around 1%), while layperson Trustees (such as family members) often charge by the hour (typically around $30-$80).
Trustees’ fees also depend…
How to Replace a Trustee
How do you replace a Trustee? The answer depends on the language in your Trust document. Most trusts have a specific section that outlines the procedure in which a Trustee can be replaced.
Some Trustees step down willingly. In certain instances, you can have a Trustee sign a document called a Resignation by Trustee, and…
The Trustee Must Pay! How do you go About Surcharging a California Trustee?
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Hi, this is Keith Davidson at Albertson & Davidson. In this video, we’re discussing trustee surcharge. How do you hold your trustee liable for the damages that they have caused to your trust estate?
The number one way that you hold…
Your Lawsuit has Left the Building! Your Deadline to File a Trust or Will Lawsuit
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Hi, this is Stewart Albertson with Albertson & Davidson and I want to talk to you about an issue that we are seeing more and more of and that has to do with statute of limitation. Statute of limitation being the…
Crossing the Finish Line: What Evidence is Most Important to Support Undue Influence Claim?
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE
Hi, this is Stewart Albertson with Albertson & Davidson. In this video, I want to talk about how we can support the claim, and meet our burden of proof, to show that undue influence took place.
Some of the markers that…
Don’t Miss! The “Difficult Don’t Miss” California Undue Influence Cases
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE
Hi, this is Stewart Albertson with Albertson & Davidson and I want to talk to you about one of more difficult set of cases we come across and I call these the “Difficult Don’t Miss Undue Influence Cases”. Let me say…
Who’s Pulling Your Strings? The Warning Signs of Undue Influence
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE
Hi, this is Keith Davidson with Albertson & Davidson. In this video, I want to talk about some of the warning signs that you should be aware of to clue you in that undue influence might be taking place with one…
Up to the Challenge? Can I Contest A Will On My Own In California Or Do I Have To Have A Lawyer?
THE FOLLOWING IN A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE
Hi, this is Stewart Albertson with Albertson and Davidson and we get this question every now and then, and the question is: Do I really need to hire a lawyer for my trust contest or will contest or can I do…
Gifting Styles of the Rich and Famous: How California Financial Elder Abuse claims arise in mysterious ways!
Can I give you a gift and then sue to get it back? That’s the scenario Chapman University (located in Orange, California) faced earlier this year when a leading philanthropist (and all-around rich guy) Mr. James Emmi pledged $12 million to Chapman University…and then changed his mind about it. Or did he? According to…