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.
Creditors Claim: How to invoke the procedure to limit and eventually stop creditors from filing new claims
For a California trustee, the process of invoking the creditors claim procedure in trust administration works as follows: A notice to creditors on the decedent’s behalf is published to a local newspaper.
If the attorney who drafted the will or trust named themselves as the executor or trustee, am I required to use that Attorneys Services?
You are not required to use drafting attorney services as executor or trustee, and you may not be required to use their services at all.