Category: Private Professional Fiduciaries

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“California Trustee Removal Litigation and Mediation” Podcast

California trust disputes often involve allegations that trustees should be removed and suspended because they are acting improperly or have conflicts of interest. Attorney Denise Chambliss, author of an informative article on trustee removal, spoke with me on Trust Me!, the podcast of the Trusts and Estates Section of the California Lawyers Association.  Joining us … Continue Reading

Britney Spears and “Marla Grayson” May Propel Tightened Oversight Over California Conservators

When a California probate court establishes a conservatorship, the conservator is charged with managing the conservatee’s person and/or estate in the conservatee’s best interests. The large majority of professional fiduciaries and family members who become conservators discharge their duties faithfully. Occasionally, however, a conservator may exploit the relationship for personal gain. Over the past year, … Continue Reading

Take a Fire Prevention Approach to Your Estate Plan

As we enter the New Year, it’s a good time to revisit your estate plan.  The big question is whether your will, trust, power of attorney, and advance health care directive accomplish your personal objectives.  Guidance from an estate planner will help you review your plan in light of tax and other changes in the … Continue Reading

What a Catch! California Courts Can Adjudicate Claims Against Nonresident Trustees

What court should hear a dispute over a California trust?  I briefed this question last month when a judge questioned if a case should instead be adjudicated in neighboring states.  Such jurisdiction issues come up occasionally given the mobility of family members with interests in trusts. A recent appellate case, Van Buskirk v. Van Buskirk … Continue Reading

Trust on Trial Celebrates a Fifth Anniversary

We started Trust on Trial with a post on undue influence in November 2015 and now mark the blog’s fifth anniversary.  We thank readers of our “five cents” for their feedback, reflect on where we’ve been, and look towards the future. Focused on California trust and estate litigation, and dispute avoidance, we have published 127 … Continue Reading

California Probate Administration Is No Time for Napping

In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets. The role of the personal representative (i.e., the “executor” if nominated in the will) … Continue Reading

The Uncertain Role of Court Appointed Counsel in California Conservatorship Cases

A conservatorship, once ordered by a Superior Court judge in California, deprives a person of the right to control his or her financial affairs or person, or both.  When the judge appoints counsel for the proposed conservatee, what is the lawyer’s role?  Are the lawyer’s ordinary duties of loyalty and confidentiality diminished in the conservatorship … Continue Reading

Trustees Must Terminate California Trust if Terms Compel Distribution

Are six sibling co-trustees too many cooks in the kitchen? Many California trust disputes arise from disagreements among sibling co-trustees over how to administer Mom and Dad’s trust after the parents have passed. They all have a strong sense of what Mom and Dad wanted, but they don’t agree on what it was.  Thus, trust … Continue Reading

Trustee Fees in California – Tips for Family Member Trustees

What is a reasonable trustee’s fee in California for a family member who acts as trustee?  We see a high degree of conflict over this issue even when the amount of the claimed fee is small compared to value of the trust estate.  Our blog analytics show that our post of a few years ago … Continue Reading

California Courts May Scrutinize Conservator Fees

Private professional fiduciaries in California are entitled to charge a reasonable fee for their services, but their fees for acting as conservators are subject to close court scrutiny. A recent California Court of Appeal case, In re Conservatorship of Presha (2018) 26 Cal.App.5th 487, shows how closely probate judges and their staffs may examine the … Continue Reading

Successor Trustee Gets Privileged Documents Even if Trust Says Otherwise

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

Stepmother vs. Stepchild, Now Playing in a California Probate Court Near You

Stepmothers are frequent characters in California trust and estate litigation, as they are in fairy tales and Disney movies.  With about half of all marriages ending in divorce, there are many stepmother/stepchild relationships.  Mostly they work out fine, but some go south. After blogging on sibling conflicts as a driver of trust and estate disputes, … Continue Reading

California Professional Fiduciaries Help Elders and Resolve Conflicts

California trust and estate disputes may be avoided or resolved with the appointment of a private professional fiduciary to act in an oversight role with respect to an elder’s care and/or finances.  In a recent post, we suggested the use of professional fiduciaries or bank trust departments to resolve conflicts among family member co-trustees. Here … Continue Reading
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