How do you protect yourself as a trustee? The first step is to take the time and learn more about what you are signing up for. Do your research, ask questions, consult a trust attorney, and ensure you understand the duties and obligations that need to be fulfilled as trustee. Your legal liabilities can be …
Trustees are considered to be fiduciaries, so they are held to the highest legal standard. Given the duties and responsibilities that fiduciaries must satisfy, there are various grounds for filing a lawsuit against a trustee. Negligent behavior that constitutes a breach of their fiduciary duty is one of these reasons. At RMO, the most common …
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 …
What Happens If a Trustee Refuses to Give a Beneficiary Money? Read More »
Yes, trustees can be held personally liable for losses sustained by the trust if they are found to be in breach of their fiduciary duties. Trustees owe trust beneficiaries the highest legal duty possible, which is known as a fiduciary duty. This means that they must prudently manage the trust for the sole benefit of …
An action to return assets is a legal process that can be used to obtain a court order to return money or property that was wrongfully taken from a trust. In cases of theft or other situations where trust property is inappropriately obtained by the trustee or another individual, an action to return assets empowers …
After someone passes away, the probate court is the venue where their estate is settled, and their will is verified and executed. During this process, there are many different types of decisions the judge must make. If you believe that a decision the probate court made was erroneous, you may be able to file an …
What Probate Disputes Do Appellate Courts Review? Read More »
Probate is the legal process used to distribute property and assets following someone’s death. Probate involves many different players — family members, friends, loved ones, attorneys, executors of wills — all coming together for one common goal: to settle this person’s affairs according to their wishes and ensure they’ve left no loose ends behind. Probate …
The probate court is a court that handles the administration and distribution of assets to beneficiaries when someone dies, among other matters. If you are unhappy with a probate court decision, it is possible to appeal that decision under certain circumstances, and if you win, the order will be overturned. However, if you lose your …
What Happens If You Lose a Probate Court Appeal? Read More »
Probate courts can decide all matters related to an estate, including who inherits what and how it will be divided under state law. However, if you are not satisfied with any decision made by the probate court, there may be grounds for an appeal. An individual who has lost a probate court case may be …
Can You Appeal a Probate Court Decision in California? Read More »
A trust is a legal arrangement where one person or entity, known as the “trustee,” holds the title to property and manages it for the benefit of another person or people, known as the “beneficiaries.” When an interested party believes that a trust is legally invalid, they may pursue a legal action called a “trust …
Contesting a will can be hard on all parties involved in the legal battle, but there are cases where it is worth it. However, because it can take months to go through the court processes necessary to successfully challenge a will, there are situations where contesting a will would not be in anyone’s best interest. …
Trusts are legal agreements in which one person (a trustee) holds property for the benefit of another (a beneficiary). A family trust is created by one or more people who want to share their wealth with their children, grandchildren, nieces, or nephews. However, there can be circumstances where a beneficiary may not want to accept …