Some Trustees need to be trained. Especially individual Trustees who may have no experience acting as a Trustee before. Many people mistakenly believe that a Trustee steps into the shoes of the Trust creator and as such the Trustee can do “whatever” they want. Not trust. Under Probate Code section 16000, every Trustee must follow […]
You have been named as a beneficiary of a Trust, but unfortunately your share of the Trust is not going to be given to you outright. Instead, it must remain locked away in an irrevocable Trust for some time. Some irrevocable Trusts last for several years, or until you reach a certain age, or for […]
You know what needs to be done. A house needs to be sold, a stock portfolio needs to be split and distributed to the named beneficiaries, and a cash account needs to be divided, too. Properly handling a Trust administration is not rocket science. But it does take someone reasonably responsible to complete the task […]
Ridding yourself of a bad Trustee is no easy task. But there are a few ways you can use to help increase your chances of removing a Trustee. It all starts with documenting your efforts to work reasonably with him or her. Duties of a Trustee Probate Code section 16060 requires a Trustee to keep […]
When is it worth it to sue for your inheritance? Lawsuits can be expensive, time consuming, and emotionally draining. But there are two big issues involved in every Trust and Will lawsuit: principle and money. By principle, we are referring to what is right and what is just. Of course, we all know that life […]
My friend promised to leave me a big gift as part of their estate, but when my friend died I was left nothing. Can I sue? Well that all depends on the circumstances surrounding your friend’s estate plan. If your friend simply changed their mind. Or worse yet, if your friend lied to you, then […]
In 2012, the California Appellate court recognized a new lawsuit for those who lose an inheritance due to wrongful interference by someone else. For example, you were going to receive a large gift from a friend and then that plan was either changed or stopped due to another person’s bad acts—such as lying about you […]
A few years ago, California recognized a new tort that allows plaintiffs to sue for intentionally interfering with an expected inheritance. In other words, you can sue if you were going to receive a gift under a Trust or Will, and then someone wrongly influenced an elder to change the estate plan to remove you […]
Undue influence is when a bad person exercises their power over and elderly person and gets the elderly person to give them extra assets, or to cut the other beneficiaries out. The problem that undue influence is generally difficult to prove directly. Generally, a person will not admit they coerced someone into changing a Trust […]
Is it legal to name a caregiver as a beneficiary of a Trust or Will? The answer is… maybe. Here are the things you need to know about naming a caregiver as a beneficiary of a Trust or Will in California: When a Caregiver is Named as a Beneficiary of a Trust or Will, A […]
