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Trust Litigation Archives

Stepmothers & Trust Litigation | Michael Hackard in ThinkAdvisor

Stepmothers & Trust Litigation | ThinkAdvisorLast week the influential wealth-management magazine ThinkAdvisor called me for an interview on a complex but important topic: why blended families are prone to estate and trust litigation, and why stepmothers often occupy a central role in these conflicts. This is a subject I've covered at length in my book The Wolf at the Door: Undue Influence and Elder Financial Abuse.

Removing a Trustee in California | Beneficiary Rights

Trustee Removal Beneficiary Rights | California

In California, a trustee has a significant amount of control over the trust administration process. The trustee has the power to gather the assets of the trust, work with creditors, and distribute the trust assets to the beneficiaries. The trustee also owes the beneficiaries of the trust (and the trust itself) a fiduciary duty to act in their best interests at all times. Unfortunately, this does not always happen, and trustees sometimes breach their duties to beneficiaries to the extent that it justifies their removal .

When Do You Need a Santa Clara Trust Litigation Lawyer?

Santa Clara Trust Litigation AttorneyTrusts are an extremely common way for people to transfer assets to others at the ends of their lives, and it is easy to understand why. When a person uses a will to dispose of assets, the estate must go through a process known as probate, which can prove long and complicated, and cost the estate a significant amount of money in fees. On the other hand, using a trust to transfer assets to beneficiaries avoids probate, as the transfer takes place immediately on the occurrence of some specified event.

Suspension of Trustee Powers While Removal Petition Is Pending | CA Trust Lawsuits

Suspension of Trustee Powers While Removal Petition Is Pending | CA Trust LawsuitsPetitions to suspend the powers of a California trustee are part and parcel of trust litigation. They're often filed with the Probate Division of the Superior Court in which the trust is administered or the trustee resides.

LA Trust Beneficiaries | Lawsuits Against Bad Trustees

LA Trust Beneficiaries | Litigation against a Bad Trustee.jpgUnder California law, Los Angeles beneficiaries have fundamental rights that are integral to a fair, timely and equitable distribution of trust assets. While the terms of a trust should be inviolable, there are still unfortunate cases when trustees abuse their authority and commit breach of fiduciary duty. This can result in serious damage to the trust and put a family's economic future in jeopardy.

Trust Disputes | Elderly Parents and the Power of Benevolence

Elderly Parents and California Trust Litigation.jpgA parent's dementia and attendant short-term memory loss can be heartbreaking. It is common for children to have feelings of loss and grief as they see their family life changed by Alzheimer's.[1] Children may go through the grieving process while their parent is alive - a process that may be hard to describe to those who have not encountered it themselves.

ABCs of California Trust, Probate & Estate Disputes | 2018

ABCs of Trust Litigation California.jpgWilliam Shakespeare's observation that "What's past is prologue" is a ready reference when we're thinking about the future. We often see that what has happened until now sets the stage for what will happen in the future. When it comes to California trust, probate and estate litigation the past year - 2017 - is likely a preface to what will take place in 2018.

2018 Predictions | California Estate & Trust Litigation

2018 Predictions | CA Trust Estate Litigation.jpgAs 2017 comes to a close, it's time for us at Hackard Law to peer into the future. What will 2018 look like for estate, trust and elder financial abuse litigation in California?

Unfair Trust Distributions | California Trust Litigation

Unfair Trust Distributions | California Trust LitigationFor many of us, our expectations of fairness arise from an early childhood experience that struck us as "unfair." We may have seen an action affecting us or others that dashed our expectations - expectations often grounded in childhood innocence. These events may stay with us and influence our desire for fairness in our lives and in the lives of others.

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