The emotions that arise when a loved one dies can lead to many potential conflicts, especially among siblings. One of the most common types of disagreements is whether to keep or sell mom and dad’s home after they pass away. While these issues often can be resolved through the probate estate or trust administration process, …
Can Siblings Force the Sale of Inherited Property? Read More »
A trust is nothing more than a contract, a legal agreement where one party (the “trustee”) agrees to hold the legal title to assets and manage them for the benefit of others (the “beneficiaries”). Some trusts are “revocable,” which means that the trustmaker (sometimes called the “grantor,” “creator” or “settlor”) can modify or revoke the …
What Happens to an Irrevocable Trust When the Grantor Dies? Read More »
According to California Probate Code §16000, a trustee must administer the trust according to the terms of the trust instrument, including any asset distribution plan set forth in the trust document. Because there are many types of trusts and innumerable trust agreements the timeframe will depend on the distribution scheme set forth in the trust …
How Long Does a Trustee Have to Distribute Trust Assets? Read More »
A trust is a legal relationship whereby property is held by one person for the benefit of another. In order for a trust to be valid, the trust must have been created and funded according to the requirements of the law. If any of these conditions are not met, an interested party may be able …
Trustees are tasked with the trying —and often thankless— job of managing trust assets to benefit the trust’s beneficiaries. In exchange for their services, California Probate Code §15681 allows trustees to receive “reasonable compensation.” However, if the trust document itself specifies different pay arrangements, then under Probate Code §15680, trustees are legally entitled to be …
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 …
A fiduciary duty is one of the most demanding obligations that exists under the law. It requires a person in a position of trust and confidence, such as a trustee, executor, administrator, or personal representative to act with utmost good faith and loyalty towards the beneficiaries of the trust or probate estate they are administering. …
A trustee has a legal, fiduciary duty to act prudently in managing the trust solely in the best interests of its beneficiaries. If a trustee violates this fiduciary duty, the beneficiaries can pursue legal action to remove the trustee and, in some situations, sue a trustee for their wrongdoing. Some common reasons trustees can be …
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 …
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 …
A significant portion of your duties as a trustee consists of distributing trust assets to trust beneficiaries. When making these distributions, it’s essential that you follow the directives in the trust instrument. What is a trust distribution? A trust distribution is a payment or other distribution of trust assets made by a trustee to one …