Some of the most difficult cases in the Trust, Probate, and Estate world deal with the wrongful death of a loved one. These cases not only include the tragic loss of a family member, but also the insult of a death that could have been prevented. And, unfortunately, in many…
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…
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…
Let’s face it, lawyers have bad reputations, including being greedy opportunists, lazy, driving sports cars, and not really caring about their clients’ needs. I think part of that has to do with the surrounding circumstances—almost always bad—when it comes to hiring a lawyer. But our not so good reputations also…
I get calls every week from Bay Area Trust, Last Will, and Estate beneficiaries complaining that they can’t get their brother or sister, who is the Trustee and Executor of their parents’ estate plan, to provide copies of the parents’ estate plan after the parents have died. In response to…
There are four basic elements that must be proven in a Bay Area Financial Elder Abuse lawsuit: 1. the vulnerability of the victim, 2. the elder abuser’s apparent authority, 3. the actions or tactics used by the elder abuser, and 4. the equity of the result. I’ve provided more information…
While it’s not easy to remove a Bay Area Trustee, California law does allow a Trustee to be removed. I discuss the areas under California law where a bad acting or unqualified Trustee may be removed.
A growing problem in the Bay Area has to do with financial abusers taking advantage of vulnerable and dependent adults–in many cases parents. California’s Elder Abuse Act was passed to hold financial abusers responsible for taking advantage of vulnerable and dependent adults. Unfortunately, with an aging population, and with significant…
We’ve used the term “abused trust beneficiary” to define beneficiaries who are being mistreated by a Trustee or Executor of a Bay Area Trust or Will. Most abused trust beneficiaries feel helpless to respond to the poor treatment by Trustees and Executors. In the video below, I explain how you…
Second marriages and children from prior marriages make for a messy Trust estate and administration. Especially when one or more children are excluded from the Trust. In this video, Keith A. Davidson discusses some of the problems step-parent relationships present in San Francisco Bay Area Trust and Will lawsuits.