Posts Categorized: Abused Beneficiary

Images

The Beneficiary’s Burden to Enforce Trust Rights

Beneficiaries should not have to take court action to enforce their rights under a Trust, but so often they do have to take action.  Even though a beneficiary has no duties, they do have the burden on enforcing their rights when a Trustee refuses to do the right thing.  In this video, partner Keith Davidson describes the beneficiary's burden. https://www.youtube.com/watch?v=4qPFqn4hVXg&feature=youtu.be

Read More
Images

Living the Good Life: Can a Bay Area Trust Beneficiary Live Rent-Free in Trust Property?

  Can a Trust beneficiary live rent free in a real property owned by the Trust?  How about the Trustee who is also a beneficiary, can he or she live in real property rent free? The answer is no, but then again maybe.  Wait this sounds confusing, so let’s break it down a bit. While the Settlor is alive, the ...

Read More
Images

Strategies For Working With Siblings In Your Trust or Will Lawsuit

Sibling rivalry is alive and well.  Especially when it comes to inheritance fights.  There’s a lot of psychology involved in this business.  I don’t claim to be a psychologist or therapist, but I have a great dealing of experience watching people deal with siblings—both successfully and disastrously.  And, of course, every situation and every person is different so there is ...

Read More
Images

Promises! Promises!—California Law Allows Family Members and Friends to Enforce a Decedent’s Oral Promise to Make a Will or Trust

Under California Probate Code section 21700 a Decedent can make an enforceable oral contract to make a California Will or California Trust. Here’s how this situation usually arises. There is an older family member—we’ll call him Tom—who needs some additional care for the last few years of his life. Tom reaches out to his best friend Ken, who is a ...

Read More
Images

Removing a California Trustee is a bit like removing a wart–it’s difficult, but can be done with the correct application

Although it is difficult to remove a Bay Area Trustee for breach of trust, it can be done. I explain further in the video below on the reasons California law allows a probate court to remove a bad acting Trustee.

Read More
Images

Bad Bay Area Trustee: What’s a Beneficiary to do?

What happens when the Trustee of your parents' Trust treats you poorly? Perhaps the Trustee does not return your phone calls, or he/she doesn't give you copies of the Trust, or he/she refuses to provide you any information about the Trust assets. What is a trust beneficiary to do under these difficult circumstances? Albertson & Davidson, LLP partner, Keith A. ...

Read More