Posts Categorized: Trustee Surcharge

The Beneficiary'sCorner-2

Course 2 — Lessons 1 to 3: Trustee Duties — The Top 3

The basics of Trustee’s duties: These are the beginning ground rules for Trustee Duties: The Trustee must follow the Trust terms; The Trustee must administer the Trust solely for the beneficiaries; and The Trustee must not enter into any transaction where he personally obtains an advantage over the Trust or Trust beneficiaries. Hypothetical Let’s consider a hypothetical situation to demonstrate ...

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Can you challenegeyour Trustee?

Top 10 Trust and Will Myths: Episode 10 Will you be disinherited for challenging your Trustee? This is it!  Our finale Trust and Will myth, and it may be the biggest, most damaging, myth of them all.  Can you be disinherited for challenging the Trustee's management decisions?  Watch this video to find out more.

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Is your Trustee criminal?

Top 10 Trusts and Will Myths: Episode 9 Are your Trustee’s actions criminal? Will your Trustee be subject to criminal prosecution for failing to follow the Trust terms or Trust law?  Probably not, but then again....  In this video we discuss whether the actions of your Trustee are criminal.

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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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Truth or consequences: how much does a California Trustee have to pay back?

If a Trustee breaches a duty, what is the amount for which they are liable? The answer may surprise you. Basically, the Trustee is chargeable with three things: (1) any loss or depreciation in value incurred by the Trust, (2) any profit made by the Trustee, and (3) any profit that would have been made by the Trust were it not ...

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Trustees Duty of Revocable Trust Under California Probate Code section 15800, a Trustee of a revocable Trust only owes duties to the person who has the power to revoke, so long as that person is living and has capacity.  That means if you are the beneficiary under a revocable Trust, you do not have the rights normally given to Trust beneficiaries until AFTER ...

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