Rick Black, Executive Director - CEAR, is one of America's leading activists and commentators spotlighting the abusive practices in the conservatorship, guardianship and trust industries.
Isaiah, the prophet and royal advisor, some 2800 years ago, set forth the foundations for protecting the most defenseless members of society:
Inheritance can be confusing. People may inherit assets by wills, trusts, insurance policies, intestacy (no will), paid on death accounts, joint tenancy and a number of other legal devices.
Inheritance can be baffling. If inheritance means to receive property upon the death of an owner either by will, trust, contract or operation of law by the heir to estate, rights, and liabilities of a decedent, the definition itself leaves enormous areas for questioning.
Trust litigation lawyers, by default, become frequent advocates for the protection of trust beneficiaries and the assertion of their clients' rights. Ongoing complaints regarding the systemic overreach of banks, trust companies and California licensed professional fiduciaries acting as trustees are made at administrative levels and litigated, for the most part, at the probate court level.
I'll start with a disclaimer. We represent beneficiaries who have been abused by banks, trust companies and professional fiduciaries.
California "licensing is required for non-family member professional fiduciaries who serve as...trustees for at least four non-related trustors."
Trustees are generally authorized by the terms of the trust or by statute to distribute trust assets, in kind, in cash, or both.