Spendthrift Provision May Protect Trust Assets When Under Attack
some trusts contain a provision that is designed to prevent creditors from invading the trust property. This provision is known as a “spendthrift provision.”
Five Costs A Trustee Could Be Liable For Following A Surcharge Action
In order to obtain a surcharge from a dishonest or neglectful trustee, a beneficiary should consult with an attorney to file a claim. Beneficiaries can file a petition for surcharge with the San Diego Probate Court to request that the trustee be held personally liable for:
Trust | Trust Litigation | Will |
Trust Reformation: Questions To Consider For Determining Whether Costs Are Deductible
Determining Whether the Costs of Trust or Will Construction and Reformation Are Deductible? Read here for more information.
Three Requirements Before An Estate Is Liable For A Broker’s Commission
Regardless of the execution of a listing agreement, estates can be held liable for the broker’s commission only if the following conditions are met.
Probate | Probate Litigation | Trust Litigation |
Overbid and Estate Litigation when Selling Real Estate
An overbid is an offer by a prospective purchaser of real estate owned by an estate that is higher than the previous offer accepted by the personal representative. Read more here.