Uncategorized Blog Posts

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…

Beneficiaries are supposed to receive reasonable information and timely distributions of their share of the Trust money and property. Unfortunately, many beneficiaries are kept in the dark and receive no Trust distributions. In other words, they receive no money and no information. It can be hard to know what to…

You might be surprised to learn that Trustees are not so easy to get rid of. It’s not impossible to remove a Trustee, but it’s not as easy as many people believe (or hope). That can be discouraging news when you have a Trustee who you believe is acting badly….

There are many examples of bad Trustees either failing or refusing to keep the Trust beneficiaries reasonably informed. Under Probate Code section 16060, the Trustee has a duty to keep the beneficiaries reasonably informed of the Trust and its administration. Further, under section 16060.7, the Trustee has a duty to…

In California, Trustees can also be beneficiaries of a Trust. Even if the Trust has multiple beneficiaries. That means one person can be both the Trust manager (Trustee) and benefit from the Trust (beneficiary). You may ask ‘isn’t this a conflict of interest?’ Maybe yes and maybe no. Anytime one…

Why can’t the judge just throw the other side’s case out of court? Can’t the judge see the other side is lying or bringing a bogus claim? That’s not possible in our court system because of a concept known as Due Process of Law. The American system of justice operates…

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…

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…

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…

If you are an occupant of a property owned by a trust, here is what you should know. The trustee is the legal owner of the trust property and may have the right to evict you, even if you are beneficiary. The first thing you should do is ask the…