How a Nosy Neighbor Can Take Advantage of an Elder It all starts innocently enough. A neighbor befriends an elder and over time begins “helping” the elder by doing errands, driving them to doctor’s appointments, and helping them write checks or make online bill payments. Over time, the neighbor uses the trust they created to […]
What happens when the long-standing estate plan of a parent is changed shortly before their death to benefit someone new? Every year the inheritance plans of an alarming number of elders goes awry in the final months of their life without any notice or warning to the unsuspecting family members. It could be a neighbor, […]
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Undue influence requires proof of the actions and tactics taken by the undue influencer. Actions and tactics include, but are not limited to: (1) controlling necessaries of life, education, the victim’s interactions with others, access to information, or sleep, (2) use of affection, intimidation, or coercion, (3) initiation of changes in personal or property rights, […]
To prove undue influence, one of the four elements you must establish is that the undue influencer was in a position of apparent authority over the victim. Evidence of apparent authority includes, but is not limited to, their status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or […]
There may be nothing worse than having to fight for what is rightfully yours. As a trust beneficiary you are entitled to one thing above all else–trust distributions. Some trusts mandate distributions as “outright and free of trust” (meaning distributions now), some require assets to be held in trust until a certain age, and some […]
You may be surprised that a trustee can sell a home that is titled in the name of the trust without your consent. The trustee is the legal owner of the trust assets, they manage the trust assets, control them, and call all the shots. A trust beneficiary is the beneficial owner of the trust […]
Nothing is more troubling than a trustee who fails, or worse yet refuses, to account. The California Probate Code, along with most trust documents, require the trustee to account annually to the trust beneficiaries. The required trust accounting also must be in a set format outlined under Probate Code sections 1060 through 1063. The format […]
When it comes to trusts it can often seem like trustees are all powerful. But are they really? The answer may surprise you. So let’s discuss, how powerful is a trustee? On the one hand, trustees do have a tremendous amount of power over the trust and its assets. In legal terms, they are referred […]
Should a trustee tell you what is happening in the trust administration? Of course they should, but all too often trustees use information as a weapon and keep their beneficiaries in the dark. It is easy to spot a good trustee because there is a transparent, free flow of information. Bank statements, brokerage statements, closing […]
