A will is an invaluable estate planning document, outlining how a person's assets should be distributed after their death. For a will to be valid, the maker must have testamentary capacity at the time it is created. If you suspect that the maker of a will lacked...
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Estate And Trust Litigation
The fiduciary duties of a trustee
A trust is a legal tool used to manage assets. Generally, the settlor (the person who creates the trust) uses it to pass assets onto beneficiaries. The individual tasked with managing the assets in a trust and carrying out its functions is the trustee. Trustees hold a...
How could a trustee abuse their position?
A trust can be used as part of an estate plan. When doing so, a trustee is selected to distribute assets from that fund. For example, it may be an educational trust. The money is supposed to be used for college tuition and related expenses. The beneficiary doesn’t get...
Common sources of inheritance disputes
It’s a stressful time when a loved one passes away. Unfortunately, this can be heightened by disputes over inheritance. Disputes over inheritance happen when interested parties disagree with how the estate is set to be distributed. What are some of the most common...
What is self-dealing by a trustee?
Trusts are put in place for the good of its beneficiaries – and a trustee is put in charge. The trustee is responsible for managing the trust’s assets and distributing funds according to the terms of the trust, even if they’re permitted to do so with a great deal of...
Can a beneficiary fire or replace a trustee?
In the world of estate management, a trustee might not handle the trust's assets wisely or may lack transparency about the trust’s affairs. These issues could depend a lot on what the trust agreement says and what the specific situation is. But if a beneficiary thinks...
Can creditors go after a trust to recover debts?
Trusts are usually straightforward. The settlor creates the trust, the trustee manages and administers it, and the beneficiary receives their share. However, confusion may arise if creditors appear and demand payments from the trust. Fiduciaries and beneficiaries must...
Do I need to do anything as a beneficiary of a trust?
Technically, an individual does not have to do anything if assigned as a beneficiary to a trust. However, a beneficiary’s inactive participation in the trust’s monitoring may put the trust assets at risk of mishandling and improper management. When this happens, it...
Can you trust your trustee?
Establishing a trust is one of the ways you can approach estate planning. The owner of the trust is the grantor, and they appoint a trustee. A trustee can be a family member or close friend but consider hiring a professional or an organization with no personal stake...
Can you contest a trust in California?
Trusts are known to be a pretty solid estate plan option for many California residents. However, it’s not exactly uncommon for people to be displeased by the results of a will or trust. Just like wills, you can absolutely contest a trust under a few conditions....