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...
Estate Administration
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...
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....