The key to any fiduciary relationship (such as being a Trustee, Executor, Conservator, Agent, etc.) is to avoid conflicts of interest. A fiduciary is supposed to do the right thing in all situations. And that cannot be accomplished if the fiduciary is taking advantage of his situation. For example, if a Trustee is buying an […]
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 […]
If you are a Trustee, you have many duties. One of them is not to act as Trustee of two adverse Trusts at the same time. What are adverse Trusts? For example, if two Trusts are fighting over the same piece of real property, then they would have adverse interests. If the Trustees of these […]
When your San Diego co-trustees can’t get along, you have to get one of them removed. In this video, partner Keith A. Davidson discusses how to remove a co-trustee. For more information, click this link: https://www.aldavlaw.com/carlsbad/
Most California Trust or Will lawsuits settle before trial, but settlements are only possible when both sides agree to a voluntary settlement. If no settlement is obtained, then you must go to trial. In this video, partner Keith A. Davidson describes trial in California Trust and Will lawsuits.
Not every beneficiary of a San Diego Trust is entitled to a Trust accounting. Sometimes the accounting right is mandatory, sometimes it is merely discretionary. In this video, partner Keith A. Davidson describes the difference between mandatory vs. discretionary San Diego Trust accounting rights.
The complicated world of Trust and Estate taxation can be hard to navigate at times, but taxation has gotten a bit easier now that the Federal Estate Tax applies to far fewer estates. Basically, there are two broad categories of possible taxes: Estate Tax and Income Tax. Estate taxes only apply to estate with a […]
So you want to bring a lawsuit because a Trust was not administered properly by the surviving spouse? You better be prepared for a big surprise—your lawsuit may be sunk before it even starts if you do not understand how to properly preserve your rights in Court. The biggest problem with Will and Trust lawsuits […]
If you dare enter the word of San Diego Trust and Will lawsuits, be prepared to encounter a tangled web of rules, statutes of limitations and legal claims. In this video, partner Keith A. Davidson describes the confusing world of San Diego Trust and Will lawsuits.
When your San Diego Trustee fails to refuses to make a distribution to you, it is time to take action. In this video, partner Keith A. Davidson describes how to force a Trust distribution. Please visit http://www.aldavlawcarlsbad.com/practice-areas/trustee-breach-of-duty-lititgation for more information.
