trust litigation Archives - Page 2 of 15

The Abuse of Anti-SLAPP Motions in Probate and Civil Matters

Litigants are still finding new applications for California’s powerful (and sometimes infamous) anti-SLAPP statute in civil matters, and as evidenced by the recently resolved Starr v. Ashbrook, probate courts are no exception. The case revolved around a contentious estate battle between the children of a 90-year-old Laguna Beach man and his girlfriend and trustee. The […]

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Can You Sell Stock In a Trust After Death?

Estate Administration, Inheritance, Probate Administration, Probate Law, Trust Administration, Will and Trust Beneficiaries

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.

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Can I Sue Heirs of a Deceased Person?

Probate Litigation, Trust Litigation, Will and Trust Beneficiaries

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 Code §9050 and §9051, the personal representative

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What Is a Breach of Trust?

Trust Litigation

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

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What Is a Breach of Fiduciary Duty Lawsuit?

Fiduciary Duty

A fiduciary duty is a legal obligation that one party has to another to act in their best interests. This duty is typically seen in relationships where there is a power imbalance, such as between the trustee and beneficiaries of a trust or an executor and the beneficiaries of an estate. When acting as a

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How Do I Recover My Stolen Inheritance?

Estate Litigation

If you believe your inheritance has been stolen, the first step is to contact an experienced probate litigation attorney. They can help you understand your legal options and what type of proof you will need to recover your stolen inheritance successfully. The steps you will need to take to address the theft depend on how

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trust litigation

The Abuse of Anti-SLAPP Motions in Probate and Civil Matters

Can You Sell Stock In a Trust After Death?

Can I Sue Heirs of a Deceased Person?

What Is a Breach of Trust?

What Is a Breach of Fiduciary Duty Lawsuit?

How Do I Recover My Stolen Inheritance?

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