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How do you get a private trustee to take action?  A parent dies, one or more of the kids take over as trustee, and nothing happens.  The assets of the Trust aren’t gathered together (called marshaling assets), notice is not given to the beneficiaries (as required under P.C. section 16061.7), beneficiaries are kept in the…

When do you need to probate the assets of a decedent?  First of all, let’s make sure we know what “probate” means–it sounds like a medical condition.  But in fact it is simply a court process where a decedent’s assets are taken over by an appointed “personal representative”, the last debts and bills of the…

Beneficiaries have all the legal rights, and none of the legal obligations, when it comes to California Trusts and Wills.  But beneficiaries, at times, have one very practical obligation—paying to enforce their rights.

For beneficiaries of California Trusts, it’s every beneficiary for him or herself.  That means there is no governmental oversight of  Trustees until…

My friend and colleague, Michael Hackard, with Hackard Law in Sacramento, California, approached me the other day with an intriguing and much overlooked concept to recapture lost assets from an elder abuser: “constructive trusts.”  Our discussion lead to the following article that we co-drafted on the issue of constructive trusts. 

THE PROBLEM: FINANCIAL ABUSE…

Part 1: What is the right to privacy?

Do you have a right to privacy anymore?  in this age of ubiquitous information and password breaches, its hard to imagine that anything is confidential.  

In California, an individual’s right to privacy is contained in our State’s Constitution–so it is a Constitutional right.  And the Court will uphold…

We spend a good deal of time and effort discussing the mistakes Trustee’s make in administering California Trust’s.  From bad management, to problems investing assets, to misinformed or even bad Trustees.  But not all the blame for ugly Trust administrations lies with Trustees.  Beneficiaries can cause their share of problems too.

That’s what I call…

Our job as lawyers is to solve our clients’ problems.  Every day, in many different cases, we have issues to sort through and resolve–some big, some small.  In reality all lawyers are called on to solve their clients’ problems, but some solve problems better than others.

The key to solving a client’s problem is caring…