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Trust Litigation Archives

Trust Beneficiary Delayed Distributions | Contingency Fees

Delayed Trust Beneficiary Distributions.jpgWhether it's nonchalance, contempt, self-interest or ignorance, delayed trust beneficiary distributions can be truly distressing. Timely trust distributions are welcome, but unfortunately trustees don't always act in the best interests of beneficiaries.

The Dead Trust Beneficiary's Gift | California Anti-Lapse Statute

CA Deceased Beneficiary Gift Anti-Lapse Clause.jpgGrandma and Grandpa have a trust. Their trust provides that at their first death, the trust assets will remain in trust for the benefit of the survivor. At the survivor's death, all trust assets are to be distributed in equal shares to their three children, Steve, Frank and Eve.

Disinherited House Beneficiaries | Los Angeles Trust Litigation

LA Trust Litigation House Beneficiaries.jpgThe median value for a house in California is currently $548,000. When it comes to median home values for Los Angeles, the figures keep climbing.

Disinherited House Beneficiaries | Bay Area Trust Litigation

Bay Area House Trust Beneficiary.jpgCalifornia's median home value in September 2019 is $548,000. Bay Area median home values are even higher.

Non-English Speakers | Targets of Estate & Trust Scams

Non-English Speakers Trust Estate Litigation.jpgA recent Brookings Institution study estimated that one out of every ten people in the United States is not fluent in the English language. Non-English speakers are vulnerable and immigrants are a "common target for scam artists ... who don't understand our legal and financial systems." Non-English speakers are particularly vulnerable when trying to do estate plans, including wills and trusts.

Trust Accountings | Discovery of Fraud and Embezzlement

Trust Accountings Fraud Embezzlement.jpgTrust accountings can be routine or the genesis for shocking discoveries of embezzlement and trustee fraud. Embezzlement is the fraudulent appropriation of property belonging to someone else by a person to whom it has been entrusted. The theft of property with a value of more than $950 can be prosecuted by law enforcement agencies as a felony. Civil wrongs stemming from the same acts may be litigated in the civil courts.

Unfair Fiduciary Distributions | Looking Out for Number One

Unfair Fiduciaries Trust Beneficiaries.jpgI'm Mike Hackard of Hackard Law. I feel fortunate to represent abused beneficiaries seeking justice against trustees who appear to put their own financial interest over the beneficiaries they are duty bound to serve.

Trustee's Professional Fees | How Much are They Paid?

Trustee Professional Fees Payment.jpgCalifornia law provides that both individual and corporate trustees are entitled to compensation for their services as trustee. Corporate trustees, sometimes referenced as professional trustees, are different than individuals - like an aunt or an uncle administering a trust.

What I Wish I Knew | CA Trust Litigation

CA Trust Litigation What I Wish I Knew III.jpgImage Credit: JMortonPhoto.com & OtoGodfrey.com

Popular culture has its share of "I Wish I Knew" themes. Movies, songs and books all explore the theme. It is a wish that our past selves, however identified in time, would know what we now know.

Trust Beneficiary Distributions | Trustee Judgment Required?

Trust Beneficiary Distributions.jpgThe power of trustees should not be underestimated. It is said that power can be intoxicating. Some grow with its possibilities and some swell with pride and arrogance. Those who swell may act like potentates whose power can be exercised arbitrarily and without explanation. When queried for reasoning behind a decision, their answer might mimic a parent's answer to a young child's question - "Because I said so!" While this might end a parent-child discussion, it is offensive to an adult trust beneficiary whose parent invested love, thought, time and money in establishing a trust for the benefit of her children, not a trustee.

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