
What Is a Trust Dispute?
When someone creates a trust, they usually hope it will prevent disagreements and keep their wishes intact after they’re gone. However, even the most carefully prepared trust can lead to conflict. In some cases, family members or beneficiaries believe the trust is unfair or that the trustee is not doing their job....
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How Trustees Can Defend Against Trust Disputes in Anaheim
Serving as a trustee in Anaheim can be rewarding, but it can also be stressful when disputes arise. Whether the conflict stems from miscommunication or hard feelings among beneficiaries, trustees often find themselves defending their actions, even when they’ve acted properly. If you’ve been accused of wrongdoing, you don’t have to...
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When Can a Power of Attorney Be Contested?
A power of attorney (POA) can be a helpful legal tool, allowing someone you trust to handle your finances, make medical decisions, or take care of important tasks when you’re unable to do so yourself. But not every POA is valid—or safe. Sometimes, the person given power misuses it. Other times, the...
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General Principles of Fiduciary Duties
Serving as a trustee of an irrevocable trust is a serious responsibility. At the core of your duties is a legal obligation known as a fiduciary duty. This guiding principle ensures trustees act with care, loyalty, and good judgment on behalf of the beneficiaries. At OC Trial Group, APC, we...
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What Should a Trustee Do When Facing a Trust Contest in California?
If someone files a trust contest, they’re not just questioning your role—they’re trying to invalidate the trust itself. Allegations may include undue influence, mental incapacity, or outright fraud. If you're serving as trustee, this puts you in a challenging position. However, there are steps you can take to protect the trust, your...
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Defending Breach of Fiduciary Duty Claims in Orange County
Fiduciary duties are at the core of trust administration, ensuring that trustees act in the best interests of beneficiaries. However, allegations of a breach of fiduciary duty can put trustees under significant emotional and financial strain. If you’re a trustee facing such a claim, turn to OC Trial Group, APC.
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Common Reasons for Estate Litigation
Estate litigation arises when disputes occur while a deceased person’s estate is administered These conflicts can delay asset distribution, strain family relationships, and lead to significant legal expenses. Understanding the common causes of estate litigation can help you recognize potential issues and take steps to prevent them.
Disputes...
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Should You Mediate Your Inheritance Dispute?
Inheritance disputes can be emotionally charged and complex, often leading to strained relationships among family members. At OC Trial Group, APC, we understand the challenges individuals face when navigating these disputes and offer insights into whether mediation could be the right approach for resolving such matters.
Understanding...
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How Can a Trustee Protect Themselves?
Serving as a trustee is a significant responsibility that requires careful management of assets and adherence to legal duties. While fulfilling this role, trustees can face challenges, including potential legal liability. Understanding how to protect yourself as a trustee is essential to managing the trust effectively and minimizing risks.
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Understanding Anti-SLAPP Motions
Asserting Anti-SLAPP Motions Against Enforcement of a No Contest Clause
In estate litigation, disputes over the enforcement of a no contest clause can be contentious and complex. It is a strategic decision to determine how you will defend against such petitions, including whether to file an...
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