It’s an exciting time to be a Trust and Will litigation lawyer. Our California Supreme Court recently handed down an opinion on a very pivotal area of Trust litigation—Trustee liability. Last October we wrote about the case entitled Estate of William Giraldin, where the Fourth District Court of Appeal held that beneficiaries of a
settlor
Choose Wisely: Some considerations for choosing a good Trustee for a California Trust.
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Posted in Trust Creation
The biggest decision for anyone creating a revocable, living trust is the choice of Trustee. A Trustee acts as the manager of the Trust assets. They call all the shots, make all of the important decisions, and decide when and how the Trust assets will be distributed. The Trustee is in a very powerful position…
The Settlor Made Me Do It: California Court Clarifies When Beneficiaries Can Sue Trustees…And When They Cannot
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Posted in Trustee Breach of Trust
California Trust and Will litigation is like building a puzzle. There are a lot of moving parts in most cases and trying to figure out how and when to put the parts together can be confusing.
The Fourth District Court of Appeals recently set Trust litigators straight on how and when a Trustee can be…
Trust Checkup — The Decay of An Estate Plan
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Posted in Estate Planning
If you are one of those forward thinking people who incurred the time, effort, and expense of creating an estate plan that includes a California Trust (living Trust or revocable Trust–they’re the same thing), have you ever looked at it since its creation? Did you know that your estate plan can become less valuable and your…