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 […]
There is nothing an Orange County Trust and Will litigation attorney like me loves more than an estate plan done the wrong way. Poorly drafted plans, ambiguous language, unfunded trusts, it’s all a big mess…and music to my ears. But you did not set out to create a mess, did you? Of course not. In […]
One of the privileges of being married is that it comes with a host of legal duties and responsibilities. For example, under Family Code section 721, every spouse owes a duty of the highest good faith and fair dealing in transactions undertaken between spouses (try using that argument next time you want to watch your […]
There are times when a parent or loved one may ask for your help in creating a Trust or Will. It is natural that when people want to put their affairs in order, usually near the end of life, they look to those who help them with everything else. The problem, however, is that there […]
So your kid is a brat, never calls, always treats you poorly, and you want to disinherit him or her? Well there is a right way, and a wrong way, to go about doing that. Typically when a child is disinherited, a lawsuit is soon to follow. In California, you have the right to disinherit […]
Just because you are a named Trust beneficiary does not necessarily mean you are entitled to a Trust accounting. There are times when you can get an accounting and times when you can’t. In this video, partner Keith A. Davidson describes when you can obtain a Trust accounting.
Want to avoid litigation in your estate? The first step is to follow the terms of the Trust you created. Many married couples create joint Trusts in California, but when one spouse dies the surviving spouse does not realize what the Trust terms require. Your Trust may require you to split your assets evenly between […]
If you are the beneficiary of a Trust and you have gone to the trouble of demanding a Trust accounting, how do you know whether the accounting is accurate? Even though Trustee’s are required to verify (meaning to sign for the truthfulness of the accounting under penalty of perjury) court-filed accountings, it still remains possible […]
I am on a personal mission to eradicate the use of exculpation clauses. Your Bay Area Trust may have an exculpation clause, but I bet you have no idea (1) the clause is even in your Trust, and (2) the absolute damage such clauses cause to Trust beneficiaries. Allow me to explain. Under Probate Code […]
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 […]
