Addressing Abuse of Power: What to Do When an Agent Misuses Power of Attorney
Granting someone power of attorney (POA) empowers them to manage your affairs when you are unable to do so yourself. However, instances of abuse or misuse of this authority can arise, requiring swift and decisive action. At OC Trial Group, APC, we provide guidance on how to address abuse of power under...
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How Long Does It Take to Resolve a Trust or Will Dispute in California?
The time it takes to resolve a trust or will dispute in California can vary widely and depends on several factors, including the complexity of the case, the willingness of the parties to reach a settlement, the court's docket, and the need for formal litigation. While some disputes may be resolved relatively...
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What Happens if a Trust or Will Is Successfully Contested in California?
Contesting a trust or will is never a simple decision. These cases often arise when someone believes a loved one’s final wishes were compromised, whether due to pressure, confusion, or fraud. If a California court agrees and the contest is successful, the outcome can reshape how assets are handled and who receives...
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How Do I Start the Process of Contesting a Trust or Will in California?
Starting the process of contesting a trust or will in California involves several key steps. Here is an outline of how to begin the process:
Consult with an Attorney: Before taking any action, it's highly advisable to consult with an experienced estate and trust attorney. An attorney...
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How Long Do I Have to Contest a Trust or Will in California?
The time limits for contesting a trust or will in California depend on several factors, including the nature of the document and the circumstances surrounding the dispute. Here are the general guidelines for how long you have to contest a trust or will in California:
Contesting a Will: For wills,...
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What Are Common Grounds for Contesting a Trust or Will in California?
Common grounds for contesting a trust or will in California include:
Undue Influence: One of the most common reasons for contesting a trust or will is the allegation of undue influence. This occurs when someone exerts pressure, coercion, or manipulation on the person creating the...
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Who Can Contest a Trust or Will in California?
In California, several parties may have the legal standing to contest a trust or will. The eligibility to contest a trust or will typically includes:
Beneficiaries: Individuals named as beneficiaries in the trust or will can contest the document, especially if they believe their share is...
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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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How Does a Beneficiary Violate a No Contest Clause Included in a Trust?
A trust is a legal arrangement that allows individuals to transfer their assets and properties to designated beneficiaries upon their passing. Trusts can come with specific conditions and clauses, including a “No Contest Clause,” which serves to deter beneficiaries from challenging the terms of the trust. In California, the enforcement of No...
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Trust and Estate Litigation: Defending Trustees Against Breach of Fiduciary Duty Actions in California
Trusts are essential legal instruments used to manage and protect assets for the benefit of designated beneficiaries. Trustees, individuals, or entities appointed to manage trusts bear a significant responsibility to administer the trust in accordance with the highest ethical standards. Fiduciary duty, the legal obligation to act in the best interest of...
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