General Principles of Fiduciary Duties
Serving as a trustee of an irrevocable trust is a serious responsibility. At the core of your duties is a legal obligation known as fiduciary duty. This guiding principle ensures trustees act with care, loyalty, and good judgment on behalf of the beneficiaries. At OC Trial Group, APC, we help trustees across...
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What Should a Trustee Do When Facing a Trust Contest in California?
If someone files a trust contest, they’re not just questioning your role—they’re trying to invalidate the trust itself. Allegations may include undue influence, mental incapacity, or outright fraud. If you're serving as trustee, this puts you in a challenging position. However, there are steps you can take to protect the trust, your...
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What a California Trustee Should Consider When Determining Compensation
As a trustee, one of the questions you may have is about your compensation for fulfilling your duties. Whether you're a surviving spouse, a sole beneficiary, or someone entrusted with administering a trust, understanding the rules and considerations surrounding trustee compensation is essential. In California, several factors come into play when determining...
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Choosing a Trustee: Factors to Consider for Your Trust in California
Selecting the right trustee is crucial for the effective administration and management of your trust in California. At OC Trial Group, APC, we provide essential guidance on how to choose a trustee, whether considering a professional or non-professional trustee. Here are key factors to consider:
Choosing a...
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Do You Need a Trust Protector in California?
When establishing a trust in California, considering a trust protector can add an extra layer of oversight and flexibility to your estate plan. At OC Trial Group, APC, we provide valuable insights into the role of a trust protector, their key responsibilities, who can be appointed, potential issues, and whether...
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Why You Should Consider Creating a Trust
Creating a trust is one of the most effective ways to protect your assets, provide for your loved ones, and streamline the estate planning process. Trusts offer flexibility and control beyond a traditional will, making them a valuable tool for many individuals and families. If you’re considering how to manage and...
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Can Creditors Go After a Trust?
If you’re considering incorporating a trust into your estate plan, you may be drawn to its potential for asset protection. After all, the idea of safeguarding your hard-earned assets from future creditors can provide significant peace of mind. However, it is important to understand the implications regarding debt liabilities...
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How to Determine if a Decedent Had a Valid Trust in California
When someone passes away, their inheritance may appear unclear or disorganized, complicating the estate administration process.
Determining if a loved one had a valid trust becomes essential for asset distribution. A valid trust outlines the intended beneficiaries and the specific assets they receive. Without this clarity, disputes...
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California Procedure to Modify or Reform the Trust
A trust is meant to protect assets, carry out the wishes of the person who created it, and provide for beneficiaries. But life doesn’t always follow the original plan. Whether due to changes in family structure, finances, or health, there may come a time when a trust no longer fits the situation....
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Understanding the Key Differences Between Irrevocable and Revocable Trusts
Irrevocable Trust Explained
An irrevocable trust is a legal arrangement that, once established, stands as a permanent fixture in estate planning. The defining feature of this type of trust is its immutability; once the grantor, the individual who creates the trust, transfers assets into an irrevocable trust,...
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