Estate administration in California is a complex process that follows specific legal requirements. The timeline can vary depending on the size of the estate, the presence of disputes and court schedules. Here is an overview of the typical steps involved and the...
Estate Administration
2 ways to grant power to a trustee
When a trust is used as part of an estate plan, a trustee is needed to make distributions. This is a separate individual from the beneficiary, who will ultimately receive the money. The trustee is in charge of determining when a payout needs to be made but does not...
3 reasons to remove or replace a trustee
Some trustees only have to fulfill their responsibilities for a specific amount of time. They manage trust assets until they have distributed them according to the instructions of a trustor or oversee personal resources for vulnerable older adults during their golden...
Responding to the misappropriation of trust assets by a trustee
A trustee may have to devote years of their life to managing trust resources. In California, a well-funded trust can provide intergenerational asset management. A trust may offer benefits for the person creating the trust and those expecting distributions from the...
3 times beneficiaries can remove a trustee from their position
Estate or trust litigation is often initiated because of questions about the validity of documents. Other times, people recognize that a trustee has a longer-term obligation than the personal representative of an estate in many cases. They may spend decades managing...
3 ways that trustees could improperly profit from their role
A trustee may, depending on the circumstances of a trust, have a very challenging job. They are responsible for administering a trust in accordance with the written instructions for the trust while also abiding by all relevant state and federal statutes. It is typical...
The legal duty a trustee owes the beneficiaries
There are many contexts in life where individuals and businesses don't have direct control over their money or other property. Instead, we trust another party to handle it for us. This party is often a professional, such as a financial advisor or stockbroker, who is...
Options when a trustee breaches their fiduciary duty
The individual whom someone names to serve as a trustee is entrusted with a lot of authority over their legacy after they die. A trustee may make decisions about how to invest trust assets and when to liquidate them. They may also be in a position to determine how to...
Undue influence: Potential red flags
Undue influence is a form of manipulation or coercion. It usually happens when there is a power difference between two individuals, such as when one is a caretaker for the other. When looking at estate planning, this manipulation is something that can happen to the...
Can nanny cams help you prove elder abuse in California?
When you have an older loved one in your family who is physically weak or struggling with cognitive decline, you may worry about their quality of life and the treatment they receive from other people in your family or at a care facility. Elder abuse can take many...