One of the most obvious features of a revocable living Trust is that you can revoke it. It’s right there in the name “revocable Trust.” But you can also amend a revocable Trust because, for a long time, California courts have interpreted the power to revoke (which means to entirely do away with a Trust)
"Court of Appeal"
New California Decision Puts Bank Trustees at Risk for Attorney Fees
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Posted in Fees & Expenses
We plan to have guest posts from time to time on our blog. Our first guest post, by Richard D. Cleary and Thomas E. McCurnin, can be viewed by clicking here. Messrs. Cleary and McCurnin surmise that a recent case decided by the Court of Appeal, Donahue v. Donahue, may have far-reaching…
Trustee’s Fees Must Be Reasonable and for the Benefit of the Trust–Not the Benefit of the Trustee
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Posted in Trust Administration
Bad trustees always seem to waste trust money defending their improper actions. Once a trust beneficiary challenges a trustee’s improper actions (breaches of trust), the trustee retaliates against the beneficiary. For example, the trustee may choose to suspend current monthly distributions, or in more extreme cases, attempt to have a no contest clause in a…