A California trustee can be excused from liability for breaches of trust if a judge determines that it would be equitable to do so. We see many situations where a family member trustee strays from the requirements of the trust instrument. Still, if the trustee does not favor himself or herself, and the beneficiary is … Continue Reading
The attorney-client privilege in California belongs to the office of trustee, not to the incumbent in that office, thus generally allowing successor trustees to obtain confidential communications that their predecessors had with counsel. We blogged last year about an appellate opinion that reinforced this concept. Last month, in Morgan v. Superior Court (2018) 23 Cal.App.5th … Continue Reading
