Fiduciary Duty

What Happens If a Trustee Refuses to Give a Beneficiary Money?

The person who sets up a trust appoints one or more trustees to manage the trust assets for the benefit of the trust’s beneficiaries. According to California Probate Code §16000, trustees have a legal obligation to follow the instructions outlined in the trust instrument when administering the trust. As part of this duty, trustees must …

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The Trustee’s Guide to Conflict of Interest Claims

A conflict of interest for a trustee occurs when the trustee’s personal interests potentially conflict with their responsibilities to the trust beneficiaries.  What qualifies as a conflict of interest for a trustee? Trustees owe what is called a “fiduciary duty” to the trust and its beneficiaries. This means that the trustee must manage the trust …

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What is fiduciary duty?

Any relationship between two parties in a transaction where at least one of the parties is required to act in good faith and for the benefit of the other party is said to be a fiduciary relationship. One of the most common examples of this is that a lawyer retained by a client, the attorney …

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