Tag: Probate Code Section 16460

California Trustee Must Be Careful in Seeking Release from Beneficiary

Can a California trustee require a beneficiary to sign a release in order to get a distribution from a trust?  A question like this appeared recently on the AVVO “Free Q&A” page and makes for a perfect blog topic. Trustees understandably want to wrap up trust administration without having to worry about being sued by … Continue Reading

How Do I Evaluate and Dispute a California Trustee’s Fee?

This blog post views a trustee’s fee from the beneficiary’s perspective.  Under California law, a trustee generally can set his or her own fee and collect it without prior disclosure to the beneficiaries.  What can a beneficiary, who sees a hand reaching too greedily in the trust cookie jar, do in response? We discussed best practices for … Continue Reading

Constructive Trusts Can Catch Wayward Trust Assets

Trustees in California trust disputes should not overlook the power of the constructive trust remedy as a way to recover errant trust assets.  That’s a takeaway from Higgins v. Higgins (2017) 11 Cal.App.5th 648, an opinion in a trust litigation case published last week by the California Court of Appeal. A Los Angeles Superior Court trial … Continue Reading
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