Posts Categorized: Abused Beneficiary

The Beneficiary'sCorner v3

Will you lose your inheritance? The Beneficiary’s Corner — Course 5 California No Contest Clauses

1. The basics of California No-Contest Clauses. Under current law, California no-contest clauses only apply to: 1. Direct contest brought without probable cause; 2. A pleading to challenge a transfer of property on the grounds that it was not the transferor’s property at the time of the transfer; and 3. The filing of a creditor’s claim or the prosecution of ...

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The Beneficiary'sCorner-4

Course 4 — California Attorney Malpractice Lawsuits

The basics of Legal Malpratice. To sue for legal malpractice, a plaintiff must prove: Duty – An attorney must owe a duty to either a client or an intended beneficiary of the client (such as a Trust or Will beneficiary); Breach – The attorney must have breach the duty to the client by making a mistake that a reasonable attorney ...

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The Beneficiary'sCorner

Course 1 – Lessons 1 to 3: Prudent Trustee Investing

1.         The basics of Trust investing: These are the beginning ground rules for Trust investing: The Trustee must act as a prudent investor would act; The specifics of the Trust must be considered; and The Trustee must act with reasonable care, skill, and caution. 2.         Hypothetical Let’s consider a hypothetical situation to demonstrate the problems that can arise and the ...

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Who OverseesYour Trustee

Who Will Oversee My Trustee? The answer may surprise you…

So who is in charge of overseeing your Trustee if that person chooses to violate the law and breach his or her fiduciary duties?  Surely there is some governmental agency that will step in and hold that bad Trustee accountable...isn't there? The truth is that there is no governmental authority that oversees that acts of individual Trustees.  There is some oversight ...

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Do You have a right to the money?

Do you have a right to the money from a specific gift?

  https://www.youtube.com/watch?v=jLpXalDWXBk&feature=youtu.be Imagine you were going to be given a specific gift of a house.  You liked the house, maybe you grew up there.  You could use a place to live and you look forward to having a place of your own.  But then the house is sold by your parent and turned into cash, where it then goes into ...

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Right to Receive Your Specific Gift

https://www.youtube.com/watch?v=LGOh73U7wGk&feature=youtu.be In the world of Trust and Wills, some gifts are better than others.  I don’t mean monetarily (of course $1 million is better than $1 thousand), but I mean the type of gift being given. There is a hierarchy of gifts—a pecking order if you will.  Specific gifts are at the top of the heap.  Followed by general gifts ...

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