Sued by a Beneficiary? What Trustees Should Do First
If a trust beneficiary sues you, the first steps are to review the claims carefully, preserve trust records, and seek legal guidance before responding. Acting quickly and thoughtfully can help protect both you and the trust.
In California, beneficiaries may file a petition in probate court if they believe...
Sued by a Beneficiary? What Trustees Should Do First Continue reading…
Litigation-Proofing Your Role as Trustee: A Pre-Litigation Checklist
Trustees can reduce the risk of litigation by administering the trust transparently, keeping clear records, and communicating regularly with beneficiaries. Many trust disputes arise from confusion about decisions or missing information rather than intentional misconduct. Taking a proactive approach to documentation, communication, and compliance with the trust terms can help prevent...
Litigation-Proofing Your Role as Trustee: A Pre-Litigation Checklist Continue reading…
What Should a Trustee Do When Accused of Self-Dealing?
A trustee accused of self-dealing should review the transaction carefully, gather records that explain what occurred, and seek legal guidance before responding to beneficiaries or the court. These accusations arise when a trustee appears to benefit personally from a trust decision, even if the trustee believed the action was allowed or beneficial...
What Should a Trustee Do When Accused of Self-Dealing? Continue reading…
How to Handle a Failure to Follow Trust Terms by the Trustee
When a trustee fails to follow the trust’s terms, you have options. Start by confirming the violation, documenting the harm, and asking for correction. If the issue continues, California law allows beneficiaries to seek court orders, recover losses, or replace the trustee.
What Counts as Failing to Follow...
How to Handle a Failure to Follow Trust Terms by the Trustee Continue reading…
Using No-Contest Clauses to Protect Trustees in Litigation
A no-contest clause can discourage beneficiaries from filing weak or strategic lawsuits by threatening forfeiture of their inheritance if a challenge fails. In California, these clauses can offer meaningful protection to trustees, but only when they are drafted carefully and used within strict legal limits. Understanding how courts interpret these provisions is...
Using No-Contest Clauses to Protect Trustees in Litigation Continue reading…
Avoiding Trust Disputes: The Importance of Openness and Transparency
Trust disputes often begin when beneficiaries feel left out of decision-making or are unsure how assets are being managed. Clear communication and consistent transparency reduce these risks by giving beneficiaries the information they need to understand the trustee’s actions and the trust’s goals. When you keep people informed, you lower the chance...
Avoiding Trust Disputes: The Importance of Openness and Transparency Continue reading…
Considerations for Filing an Anti-SLAPP Motion in Response to a Petition for Enforcement of a No-Contest Clause
Filing an Anti-SLAPP motion in response to a petition to enforce a no-contest clause is appropriate when the petition targets activity protected under California’s litigation or petitioning rights. The decision turns on whether the conduct at issue qualifies as protected activity and whether the petitioner can show a reasonable chance of succeeding...
Considerations for Filing an Anti-SLAPP Motion in Response to a Petition for Enforcement of a No-Contest Clause Continue reading…
What to Do When a Trustee Refuses to Give an Accounting
When a trustee refuses to provide an accounting, beneficiaries are left in the dark about how trust assets are being managed. California law gives beneficiaries the right to request financial transparency, and trustees have a legal duty to comply. If those duties are ignored, beneficiaries can take steps to compel an accounting...
What to Do When a Trustee Refuses to Give an Accounting Continue reading…
What Are Trust & Will Disputes in California?
Disagreements over trusts and wills are common in California when family members or beneficiaries question the fairness, validity, or administration of an estate plan. These disputes often arise from unclear language, concerns about influence or capacity, or actions by trustees and executors that appear improper. Understanding how these conflicts arise and how...
What Are Trust & Will Disputes in California? Continue reading…
How to Handle Misappropriation of Trust Funds by the Trustee
When a trustee misappropriates trust funds, it can lead to serious consequences for both the trust beneficiaries and the person who created the trust. Trustees hold a tremendous amount of responsibility, and their actions can have long-lasting impacts. If you believe a trustee has mishandled or misappropriated trust assets, it’s important to...
How to Handle Misappropriation of Trust Funds by the Trustee Continue reading…