Category: Trustee Removal

Why are lawsuits so time consuming and complicated? Can’t we just tell the Judge what the truth of the matter is, or just write the judge a letter? Well no, no you can’t. That’s because of our Constitutional right to due process of law. Due process is a fancy term that means everyone must be […]

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 […]

Trustees

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 […]

Avoiding Adversity

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 […]

You Need A Trust Protector

Trustee accountability is an important ingredient to keeping an honest Orange County Trustee honest. We previously discussed giving the beneficiaries the power to remove and appoint Trustees as one form of Trustee accountability, but what if you don’t want to give beneficiaries that kind of power? Fear not, the Trust Protector can help. A Trust […]

Youre Fired

Want to prevent disaster in your estate? Time to build in some good old-fashioned accountability for the successor Trustee of your California Trust. The best way to hold a Trustee accountable to the beneficiaries is to give the beneficiaries the right to remove and appoint an alternate Trustee. All too often, standard Trust provisions fail […]

Being a Beneficiary

Beneficiaries should not have to take court action to enforce their rights under a Trust, but so often they do have to take action. Even though a beneficiary has no duties, they do have the burden on enforcing their rights when a Trustee refuses to do the right thing. In this video, partner Keith Davidson […]

Wart Remove Final

Although it is difficult to remove a Bay Area Trustee for breach of trust, it can be done. I explain further in the video below on the reasons California law allows a probate court to remove a bad acting Trustee.

Trustee Stepping On Bennie

Most Bay Area Trustees do not understand the duties they owe Trust beneficiaries. In many cases these Trustees take adversarial positions towards the Trust beneficiaries, which is not allowed under California law. What are the duties that Trustees owe beneficiaries under California law? Glad you asked. In the video below I explain:

Bad Trustee

What happens when the Trustee of your parents’ Trust treats you poorly? Perhaps the Trustee does not return your phone calls, or he/she doesn’t give you copies of the Trust, or he/she refuses to provide you any information about the Trust assets. What is a trust beneficiary to do under these difficult circumstances? Albertson & […]