Category: Trust and Will Lawsuits

trust lawsuits terms violation

A trust is a legal instrument used to convey assets from the creator of the trust (the “trustor” or “settlor”) to one or more beneficiaries. There are many reasons to establish a trust. A common trust in California is a revocable trust established to convey assets to heirs upon the settlor’s death and thereby avoid […]

the 5 biggest trustee duties

Follow Trust Terms The trustee has a duty to follow the Trust terms. In other words, do as they’re told. May sound obvious, but it’s remarkable how often trustees seem to get that one wrong. It is a basic trustee duty that can be found at California Probate Code section 16000. Too often individual trustees will […]

What You Should Know Before Contacting a Lawyer

Most law firms receive a high volume of calls every day from people who are seeking legal advice and/or legal representation. These things will help you in making the initial contact with a law firm: Have Your Documents Ready Lawyers often need to see documents to understand your case. For example, if you are calling […]

Demand Letter for the Copy of a Trust To: From: Date: Subject: Please Provide True Copy of California Trust Under California Probate Code Section 16061.7, the Trustee of a California Trust is required to provide all beneficiaries and heirs with a true copy of the Trust documents, including any amendments, 60 days after the settlor’s […]

undue influence and inheritance theft

It can be extremely difficult to witness a sibling (or other bad individual) negatively influencing an elderly parent and potentially interfering with your expected inheritance. Unfortunately, preventing another person from coercing an elderly parent be extremely difficult. The legal options available to intervene during the grantor’s lifetime are limited if the grantor is still cognizant […]

Forcing Trustee to Act

Every Trust has written direction to the Trustee that sets forth how the Trust assets must be distributed to the Trust beneficiaries. Sometimes the assets are set to pass “outright and free of trust.” That just means the beneficiaries receive the assets in their own name. For example, if the Trust has 100 shares of […]

New Learning Center Thumbnail

In our modern age, texts and emails can be a benefit or a huge detriment to your Trust litigation case. There are times when the written word will back up your story, and then there are times when we send texts or emails that don’t look so good in the light of day. We’ve all […]

trust beneficiary bill of rights

If you are a beneficiary of a Trust in California, you have legal rights. Below is a list of some of a California Trust beneficiary’s basic rights. Obtain Copies of Trust Documents Trust beneficiaries are entitled to receive copies of the Trust documents. Beneficiaries should receive copies of the Trust when either: The Trust (or […]

Trustee Whos Next

So, you need a new Trustee and you don’t like the next person named, huh? Removing a Trustee is never easy, but why bother even trying if the next person named to act as Trustee is no better than the currently acting Trustee? Well, you may be in for a nice surprise. When a court […]

court order enforcement

Suppose you have fought a long, hard fight in court and taken your Trustee all the way to trial. You win the trial, obtain a court order, and now the Trustee refuses to comply with the terms of the court order. What do you do? There are several options you must enforce a court order […]