Trustee Theft: What evidence do I need to support my claim?
Under California trust law, trustees have a fiduciary duty to act in good faith with respect to the management of trust assets. When a trustee misappropriates funds from the trust for his or her own benefit or the benefit of another, he or she is committing theft.
Is it possible for an Attorney to Serve as a Trustee while also Providing the Trust with Legal Services?
Under certain circumstances, an attorney can serve as both the legal advisor and trustee of a California trust. However, the attorney must enter into both roles with a great deal of caution. If the attorney does not act fairly or follow the California trustee rules relating to compensation, he or she could be subject to litigation brought by a beneficiary.
Probate | Trust Litigation | Will |
How can I tell if the executor or trustee of a California estate is acting properly in his role?
For those beneficiaries and heirs unfamiliar with the California estate administration process, it is not always clear whether the executor or trustee is acting properly and in accordance with state law.
Probate Litigation | Trust | Trust Litigation |
What is a Living Trust?
The answer to this question depends on several factors. In some cases, when a decedent had a living trust that owned all of his assets, it may be possible to conduct a trust administration that does not involve the probate court. In other cases, some assets may require a probate administration.
A long-time California friend I took care of has passed away. How do I find out if I am a beneficiary in the will?
People listed as beneficiaries who are not members of the family of the deceased will usually be informed by the California probate court. However, this only applies if the will has been filed with the court upon death, which is the case if the assets have to go through probate.