People create trusts to protect their assets or structure the inheritance received by beneficiaries. Trusts become the legal owners of the assets used to fund them. The trustee administering the trust must manage those resources and distribute them according to the...
In California, trusts are a popular estate planning tool used to manage and distribute assets after someone’s passing. Sometimes, these trusts include no-contest clauses. These clauses are designed to discourage beneficiaries from challenging the trust’s validity in...
When a loved one passes away, the last thing you want to do is to navigate a complicated, contentious legal battle. However, a legal challenge could be necessary if your loved one established a trust and you wish to contest it. A trust is a legal arrangement where a...
If a trustee fails to follow the terms of the trust, how can you put a stop to their wrongdoings and hold them responsible? It’s vital to be on the lookout for red flags so that you may correct the trustee’s negligent or unlawful actions via trust litigation. Once you...
Some people consider establishing a trust to avoid probate. Despite taking this measure to avoid going to court, the trust's terms or conditions can cause disputes, requiring legal interventions. If left with no other options, the beneficiaries or other involved...
A trustee needs to communicate with beneficiaries about crucial matters, as required by law. Therefore, if the trustee of a trust for which you’re a beneficiary fails to keep you reasonably informed, you can take legal action against them. Let’s look at some key...
When assets are put in a trust, a trustee is assigned to oversee it. This is the person who authorizes distributions of money from that trust. For example, perhaps your parents put money in the trust and left it to you. You have not been named as the trustee, so you...
In today’s world many people use social media such as Facebook, Twitter, Instagram, and so forth to keep in touch with family, friends, and coworkers. This has had many beneficial effects. It has made it far easier for all of us to keep in touch with, or even...
One of the most misunderstood provisions in the California Probate Code is contained in California Probate Code Section 17206. This powerful provision essentially grants the Probate Court the power to issue any necessary or proper order to effectuate the orderly and...
In last week's Blog article we discussed private mediation as a tool for achieving closure in California trust litigation. Buffington Law Firm's trust litigation attorneys often use mediation in order to lessen our clients' legal fees and to achieve their litigation...