Can you fire a trustee?
Trusts are created for various reasons, but they all have the same basic structure. Someone (the grantor) places assets into the trust to be managed by a neutral third party (trustee) for the benefit of another (beneficiary). If you are a beneficiary, there may come a time when you feel the trustee is not performing […]
When an executor breaches their fiduciary duty
Wills are a pivotal part of estate planning. However, so too are the people involved in implementing the written instructions in these documents. The person tasked with implementing a will is referred to as the executor. The executor is a fiduciary. This means that they must always act in the best interests of the beneficiaries […]
What does elder abuse look like?
Elder abuse is far more widespread than many people realize. It’s estimated that as many as one out of five seniors have experienced elder abuse in recent years. However, only one out of every 24 cases is actually reported. Elder abuse can be either intentional or negligent – and it happens in private homes and […]
Can you contest a power of attorney for agent misuse?
Does something seem suspicious about the use of a power of attorney (POA) that is supposed to protect a loved one? Unfortunately, misusing the authority these documents grant happens more than you might imagine. If you are concerned that power of attorney abuse or misuse has compromised your family member’s decisions and finances, you may […]
Can you recover stolen or misappropriated funds from a trustee?
Trustees hold a vital position of responsibility and must act in the best interests of the beneficiaries. However, what happens when this trust is broken, and funds are misappropriated or stolen? An event like this can be incredibly frustrating to you and your family, but even more pressing are the financial losses of the beneficiary. […]
What to do if you think the executor is mismanaging the estate
Estate executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. This means handling the estate assets responsibly and according to the decedent’s wishes. However, not all executors discharge their duties by the book. Some red flags that you should be wary of during probate include unexplained delays […]
What are the common causes of conflicts among beneficiaries?
Regardless of the relationship among beneficiaries when the testator (the person who drafts a will) is alive, conflicts can arise after death. Siblings who are on good terms may disagree once the will takes effect. Below are three common factors that can contribute to such conflicts: Unequal inheritance Testators use their own criteria to distribute […]
Is your loved one’s private sitter financially abusing them?
The elderly are a very vulnerable sector of the population. When they can no longer care for themselves, they are especially at risk of financial exploitation by their caregivers. It’s hard to make the decision to have your loved one’s needs provided for them by a total stranger. Some people choose private sitters instead of […]
What does a probate judge do to administer an estate?
In California, the role of a probate judge is crucial in ensuring a smooth transfer of assets to a decedent’s heirs. Probate judges ensure the settlement of the estate’s debts and asset distribution according to the deceased’s wishes. These judges also handle estates when someone leaves no will or a relative contests the will. Understanding […]
Word worth in estate planning
Estate planning in California is essential to protecting your family’s financial future. However, believing what anyone says without question can lead to costly mistakes, especially in trust litigation. To clarify, it is essential to understand the concept of word worth in estate planning. Word worth: What it is Word worth is a legal term that […]