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...
Estate Administration
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...
What should you do about the misappropriation of a trust?
The misappropriation of a trust and the assets it holds is a serious problem that could lead to criminal penalties for the trustee. Trustees who embezzle funds or remove assets may be held personally liable for doing so. If you believe that a trustee has embezzled or...
Who helps a trust beneficiary during an issue with the trustee?
Trusts are common inclusions in California estate plans. Testators might use an incentive trust to help a family member with a history of addiction. They might set aside money in a special needs trust to provide for a family member with a disabling medical condition....