How to Compel a Trustee to Do Their Job
When dealing with a trustee who won’t do their job, compelling them via court order has been the traditional route for recourse. But even if you expect litigation to go in your favor, it’s important to take the proper steps to ensure the trust itself remains unscathed. Trustees are required to follow the direction of […]
“She’s Laughing Up at Us from Hell:” What Lessons About Estate Planning We Can Take from Taylor Swift’s Anti-Hero
In 2006, Taylor Swift burst onto the music scene with her breakout country single, Tim McGraw. Nearly 20 years, 10 albums, and 51 million record sales later[1], she has become a household name. Taylor Swift is also no stranger to the legal field. From her sexual assault countersuit against D.J. David Mueller in which she […]
The Abuse of Anti-SLAPP Motions in Probate and Civil Matters
Key Takeaways Introduction Anti-SLAPP statutes, such as those in California, exist to protect individuals from facing lawsuits intended to suppress free speech. The most significant goal of these lawsuits is to protect the free speech of litigants by striking legal complaints that are likely invalid, raised in bad faith, and often the result of intimidation. […]
Can You Sell Stock In a Trust After Death?
Whether you can sell stocks in a trust after death generally depends on the specific terms and conditions of the trust and the laws of the jurisdiction in which the trust was established. If the trust agreement allows for the sale of stocks, the trustee can sell the stocks as directed by the trust agreement. […]
Can I Sue Heirs of a Deceased Person?
If you have a valid legal claim against a deceased person, you may still be able to receive compensation by filing a lawsuit against the deceased person’s estate. However, you will typically need to direct your efforts at the estate rather than the individual heirs. Under California Probate Codes §9050 and §9051, the personal representative […]
What Is a Breach of Trust?
A trustee is a fiduciary, which means that they have a legal duty to act in the best interests of the trust’s beneficiaries. A “breach of trust” occurs when a trustee violates their fiduciary duties. In general, trustees have a duty to act in the best interests of the beneficiaries, to manage the trust property […]