Category: Trustee Breach

would you like a trust accounting

Just because you are a named Trust beneficiary does not necessarily mean you are entitled to a Trust accounting. There are times when you can get an accounting and times when you can’t. In this video, partner Keith A. Davidson describes when you can obtain a Trust accounting.

trust accounting

If you are the beneficiary of a Trust and you have gone to the trouble of demanding a Trust accounting, how do you know whether the accounting is accurate? Even though Trustee’s are required to verify (meaning to sign for the truthfulness of the accounting under penalty of perjury) court-filed accountings, it still remains possible […]

Exculpation Escaping Trustee Liability

I am on a personal mission to eradicate the use of exculpation clauses. Your Bay Area Trust may have an exculpation clause, but I bet you have no idea (1) the clause is even in your Trust, and (2) the absolute damage such clauses cause to Trust beneficiaries. Allow me to explain. Under Probate Code […]

You Need A Trust Protector

Trustee accountability is an important ingredient to keeping an honest Orange County Trustee honest. We previously discussed giving the beneficiaries the power to remove and appoint Trustees as one form of Trustee accountability, but what if you don’t want to give beneficiaries that kind of power? Fear not, the Trust Protector can help. A Trust […]

the mystery

The best part of any Trust accounting are the schedules because that’s were the information you need to know is all laid out in detail—or not. A Trust account must have a summary page at the front that lists the bulk numbers for things like assets on hand at the start of the accounting period, […]

Who Can You Trust

Want to prevent disaster in your Orange County Trust plan? It starts with whom you put in charge after you’re gone. It sounds obvious that you need to choose a good Trustee for your Trust to manage your financial affairs, and yet so often that does not occur. I know, I know, you want to […]

What are you looking for

It can be hard trying to choose the right lawyer for your Trust or Will contest case. In this video, partner Stewart Albertson describes the reasons why most people hire Albertson & Davidson, LLP to fight for their inheritance rights.

Being a Beneficiary

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 […]

Will your inheritance

We keep talking about California no-contest clauses because people keep asking about them. No-contest clauses are by far the most confusing aspect of Trust and Will litigation. In this video, partner Stewart Albertson discusses when they apply, and when they don’t.

Can you be held liable For your Fathers debt

Can a debt be collected against me or my family after death? In California, a decedent’s family is not responsible for the debts of the decedent. There are times where a surviving spouse may be liable, but even that has its limitations. For example, if the decedent had a purely separate property debt, then the […]