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
Litigation
Trustee: Your California Legal Release May Be a Trap…
- The waiver and release problem
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…
Affirmative Defenses: How To Best Defend Against a California Trust Or Will Lawsuit
- The best defense is an Affirmative Defense
You have been sued on a Trust or Will dispute and you have to defend yourself. The most obvious defense is to disagree with the allegations contained in the petition filed against you. But there is another type of defense: the affirmative defense.
Affirmative defenses are independent…
Is Your California Trustee…Impartial? The Duty Of Impartiality
- The duty of impartiality: Is your Trustee treating you equally?
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…
California Trustee Duties: Duty Of Loyalty
- Disloyal Trustees = beneficiary abuse
Every Trustee has a duty of loyalty (California Probate Code section 16002). The duty of loyalty requires the Trustee to administer the Trust solely in the interests of the beneficiaries. That term “solely” really makes the point—there can be no other reason to act when administering a Trust…
No More Money…Your Gift Is Already Satisfied!
Controlling Your California Trust Or Will Mediation–Part 2
Controlling Your California Trust Or Will Mediation–Part 1
Quality Matters In California Trust And Will Contests
When exactly did we lose sight of quality? In our fast paced world, we often expect things (1) cheaply, and (2) quickly. That works great for fast food and cheap electronics, but not so well for professional services. If you need a heart transplant do you want the cheapest, fastest surgeon? Or would you…
Family Dysfunction Takes a Different Approach: Adapt And Modify
When dealing with dysfunctional family relationships, you have to be ready to adapt and modify. In other words, be creative. Taking a hard stance and expecting others to “take it or leave it” is rarely a successful strategy when dealing with anybody—let alone dysfunctional relations.