Trustee Fiduciary Duties

As a trustee of an irrevocable trust, your role comes with significant responsibilities. One of the primary tasks at hand is to grasp the fundamental principles of fiduciary duty. This duty is the cornerstone of trust administration, guiding trustees in their actions and decisions for the benefit of beneficiaries.
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Common Breaches of Trustee Duties During Trust and Estate Administration in California

Trustees often fail to meet their obligations, engaging in a variety of breaches that undermine the integrity of trust and estate administration. These infractions include violations of trust, misappropriation of funds, inadequate management, fraudulent activities, failure to act, and conflicts of interest within business endeavors. California Trustees Duties...
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Understanding the Scope of No Contest Clauses in California: When and How Do They Apply?

To comprehend the application of no contest clauses in California, attention must be directed to Probate Code Section 21310, et. seq. This statute delineates the constraints imposed on the effectiveness of a no-contest clause. These clauses, despite their presence in a legal document, can only be enforced under three specific circumstances:
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Understanding the Trustee’s Duties: Enforcing, Defending, or Compromising Claims in California

Trustees play a crucial role in managing and administering trusts, holding specific powers and responsibilities outlined in the California Probate Code (Probate Code Sections 16220-16249). One of the critical aspects of a trustee’s role is knowing when to enforce, defend, or compromise claims. In this article, we explore the...
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When Does a California Trustee Have to Provide Formal Notice Under Probate Code Section 16061.7?

California Trustees must comply with their legal obligations under Probate Code Section 16061.7 which, in part, requires the Trustee to provide notice to all heirs and beneficiaries of their right to receive a copy of the terms of the trust. This provision plays a crucial role in ensuring transparency and fairness to...
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Avoiding Common Pitfalls: Top 10 Mistakes Made by California Trustees During Trust Administration

When you create a Living Trust, you’re the one in control as the Trustee. But, if you become unable to manage it, a Successor Trustee (often a spouse or child) steps in, often with little to no experience. Imagine it as passing the reins of a family business to someone unfamiliar with...
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