Who Decides Who Serves as Successor Trustee?
When a trust is written, the settlor, or person creating the trust, chooses someone to serve as successor trustee. Often the settlor chooses several people who are named in order.
What is the difference between a California executor, administrator, and trustee?
For those who have never been involved in handling the affairs of a friend or loved one, the concept of what is involved in this process can be overwhelming. Often, individuals are not certain what it means to be appointed an executor, administrator, or trustee.
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.