Category: Trustee Defense

As a trustee in California, navigating the complexities of administering a trust often involves understanding various legal procedures, including the elective creditor's claims procedure. This process, outlined in the Probate Code, provides a framework for handling creditor claims against a trust property. Elective Creditor's...

Litigation arising between the beneficiaries and trustees appointed within a trust instrument is infrequent but common. For a comprehensive understanding, readers are encouraged to review articles on trusts, fiduciary duty, and trustee responsibilities available elsewhere on this website. When a trustee breaches a fiduciary duty, a beneficiary has the right to pursue...

Transferring trust property is a crucial aspect of managing a trust, ensuring that beneficiaries receive their rightful assets. Trustees play a pivotal role in this process, overseeing the smooth transition of assets out of a trust. However, the state of California has specific laws and regulations governing these transfers, making it imperative...

The role of a trustee is of utmost importance in the management of trusts, with the primary responsibilities of safeguarding assets and fulfilling the intentions of the settlor. Nevertheless, trustees may encounter legal challenges, including actions seeking removal and surcharge, which can significantly impact both the trust’s administration and the individual trustee....