When a trustee fails to provide an annual trust report
Many trusts include terms that allow them to remain in effect for years, if not decades. Trustees must manage resources, make appropriate distributions and communicate with beneficiaries as necessary. They have a duty to act in the best interests of beneficiaries, which requires that they carefully manage trust resources. In some cases, beneficiaries may start […]
How undue influence can affect a will or trust
When a person creates their estate plan, everything in the plan should be based on their wishes. Most people are able to do this without anyone trying to influence them, but there are times when someone close to them may try to sway their thinking. Wills and trusts can be disputed if there’s evidence that […]
Defending trust assets from fraudulent transfer claims
Trust administration often involves a trustee following the instructions of the trustor regarding asset management and distribution. Sometimes, however, the trust may face legal controversy. Trust litigation can occur because people claim outside influences or a lack of capacity compromised the trust-making process. Trust litigation could also become necessary when people question the conduct of […]
Can a trustee sell the family home without beneficiary approval?
When a loved one passes away, and a trust holds the family home, emotions often run high. For many families in California, that home represents more than an asset; it represents memories, security and a deep sense of identity. So when a trustee announces plans to sell the property, beneficiaries understandably ask: Can they really […]
Has a trustee refused to make appropriate distributions?
People create trusts for many different purposes. Those who want to provide support for a family member with special needs might fund a trust. People concerned about creditor claims against their personal property might establish trusts to protect their assets. Trusts can control resources ranging from businesses and financial accounts to real property. The trustor […]
4 reasons to consider “firing” a trustee from your trust
Trusts are often created to protect and distribute assets for family members, charities or others with specific intentions in mind. A person appointed to oversee a trust plays a crucial role in making sure these goals are respected. However, not every trustee performs their job as expected. If a trustee’s actions harm the trust or […]
Were asset transfers to a trust fraudulent?
Trust litigation often follows inappropriate conduct by the trustee. Trust beneficiaries can ask the courts to remove the trustee because of their misconduct. In some cases, they can even ask to hold an individual financially accountable for embezzling or otherwise breaching their fiduciary duty to the trust in a manner that causes financial harm. Sometimes, […]
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 […]
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 are the leading causes of trust disputes?
Inheritance-related disputes can have a lasting impact on everyone involved. This explains why most people create estate plans to make clear their wishes when they are no longer around to speak for themselves. Unfortunately, inheritance disputes are not uncommon. Here are some of the reasons why a seemingly clean trust can trigger costly inheritance disputes: […]