Negligence or incompetence in trust management is one example of a breach of fiduciary duty when managing a trust in California. In order to be found guilty, someone must have been injured by the trustee’s negligence. While the trustee may face criminal charges if...
Every trust in California nominates a trustee. This person's job is to manage the assets in the trust and act on behalf of the beneficiaries. In some cases, it may be necessary to remove a trustee from a trust due to their inability or unwillingness to fulfill their...
When an adult is unable to take care of him or herself, the court can appoint another person or organization to care for them. The conservatee, the person who cannot manage his or her health or finances, is then taken care of by the conservator. Depending on the needs...
When a California resident creates a will that outlines the guidelines that should be followed to distribute one’s assets and estate, there must be someone on the other end who will follow these directions to the letter. This is where an executor or personal...
One of the main responsibilities of a trustee is the fiduciary duty owed by them. This means that he or she must put the trust’s interests above all other interests. Not only should the trustee preserve the trust’s property and assets, but he or she should also defend...
Executors are tasked with the heavy burden of distributing the decedent’s estate, making sure all the relevant taxes are paid and all the legal formalities to conclude the estate are completed. While their authority is very broad and they have a great deal of...
As its name implies, a trust depends on trusting someone. A trustee is someone with an enormous amount of power over assets that are supposed to be managed on behalf of the beneficiaries. This is a big responsibility, and it can be a terrible problem if the trustee...
If you were to ask the average person what elements are necessary to create a trust, many wouldn’t know how to answer. The purposes of a trust can be several, but the means in which a trust is created are few. Here’s a few things to understand about the elements of a...
Trusts, wills and estate plans are often made up of family members, once designated by the head of the family who may or may not be able to intervene in the day-to-day of these accounts. There could be many reasons for setting up these estate plans, trusts or other...
Being a person who is affected by, or has an impact on, a trust, will or other estate plan can be a blessing or a burden. Oftentimes, there are multiple parties involved in the estate plan, will or trust administration. Not always do these people see eye-to-eye. It’s...