Should you sue or contest a trust in California?
When it comes to trusts, there are two primary ways to challenge them: through a lawsuit or by contesting the trust. Although they may seem interchangeable, there are some key differences between the two approaches. Suing a trust This option is typically used when there are issues with the trustee or the terms of the […]
Should your trust include an arbitration provision?
There are many details to take note of as you create your California estate plan. One of them may be deciding whether or not to include a provision for arbitration. This is a form of dispute mediation that can serve a definite purpose. However, there are legal experts who see it as a double-edged sword. […]
Alternate solutions for resolving trust disputes
Usually, trust-related disputes are resolved through a court hearing. This is largely due to the fact that trust administration is subject to court supervision, usually by the court in which the trust was administered. If there are disputes regarding the trust, there are effective ways to resolve these issues that can save your family time […]
What does a successor trustee do?
If you have a revocable trust, there is a good chance that you’ll name yourself as the trustee. However, it is in your best interest to name a successor trustee. This person will manage the document if you pass away or are otherwise unable to manage trust assets such as a California home or business. […]
An overview of the different types of defalcation in California
When most people think of white-collar crime, they think of complex financial schemes that result in huge profits for the perpetrators. While this is certainly true, there are other types of white-collar crimes that can significantly impact victims. Defalcation is one such crime. Here’s what you need to know about defalcation and how it can […]
Contesting a trust
Trusts are some of the most common legal and financial tools that people use to pass assets and wealth down to their children and grandchildren, among other beneficiaries. A living trust is established when the person is still alive, and it is also known as a revocable trust. A living trust can be contested just […]
Moving real estate into a trust fund
California real estate can be a great investment. It makes sense to keep your portfolio in the family and protect it by adding it to a trust. Transferring real estate into a trust is pretty simple when the property has been paid off and a little more complicated when there is a mortgage involved. Transferring […]
Is a trust really completely irrevocabel?
When you set up a California trust, you get even more protection when it is irrevocable. This largely separates you from legal ownership of the assets for items such as Medicaid trusts. However, irrevocable usually means that the trust’s terms cannot be changed, and the assets cannot be removed. Yet, there are some circumstances in […]
When trustees breach their duties
In California, trustees are given different types of duties that they’re obligated to fulfill. These duties are to look out for the best interest of the grantor in various aspects, including financial responsibility. When the trustee does not fulfill their duty, it’s considered a breach. Understanding a fiduciary relationship A fiduciary relationship is created when […]
Top Questions About Trust Litigation
Many people have heard of trusts as they relate to something being passed down from a relative, but most people are not familiar with much more beyond that. A trust is a legal document that keeps property for a person until they are able to access it as designated by the one who created the […]