The Trustee’s Guide to Breach of Trust Claims
Trustees commonly face claims for breach of trust, misappropriation of trust funds, mismanagement, malfeasance, fraud, or breach of fiduciary duty. If you’ve been accused of breaching your fiduciary duties or misappropriating trust funds, contact an experienced trust litigation attorney as soon as possible. The sooner you begin working with a trust litigation attorney, the better […]
The California Guide to Removing an Executor of Estate
An executor of an estate has many duties and responsibilities, and sometimes they fail to live up to them. Fortunately, California law allows for the removal of an incompetent or unethical executor under certain circumstances. Such cases are more common than you might think, especially in high net worth states like California. Executors do not […]
The Ultimate Guide to Undue Influence
Undue influence in families is an act of abuse, often by heirs victimizing their elderly parents or other family members to increase their will inheritance or trust fund distributions. Undue influence can be actual or implied, and proving undue influence is the responsibility of heirs, beneficiaries, trustees of trusts, and administrators or executors of wills. […]
How Long Does It Take to Win a Partition Action
To win a partition action can take anywhere from a couple of months to reach a settlement agreement to a year or more if it goes to a court trial. The vast majority of partition actions settle out of court, which reduces the time frame from filing to resolution, and makes funds and/or property available […]
What an Executor Can and Cannot Do: A Comprehensive Guide
Executors cannot do things which are contrary to the benefit of heirs, beneficiaries, and the estate. This means if you suspect an executor is withholding your inheritance distributions, you would have the right to sue the estate, or litigate to suspend, remove and replace the executor. What is an Executor of Will or Administrator of […]
The Disinherited Child’s Guide to Getting an Inheritance
Most states allow for a parent to disinherit a child. Those that do not still allow for partial disinheritance. Whether fully or partially disinherited, a child may still have rights to their inheritance. They key is to prove the child was disinherited for unjustifiable reasons, the parent lacked capacity when they disinherited the child, the […]