It has become more common for trustors to select someone who is not a beneficiary of the trust estate, often a close relative, to serve as trustee. While the “crown” of trusteeship imbues that trustee with tempting powers –...more
The First District Court of Appeal recently joined the widening chasm amongst California appellate courts concerning trust modification procedure. Probate Code section 15402 is seemingly straightforward, consisting of a lone...more
The Legislature and courts endeavor to create well-defined laws, lest we devolve into the governance of Emperor Nero, who reputedly posted edicts high atop columns so as to be painfully difficult for the masses to read. As...more
Creators of trusts (also known as settlors or trustors) usually think long and hard about how their property should pass when they die. It’s therefore common for trustors, or their lawyers, to incorporate protective...more
While California trustees hope for smooth sailing, they must navigate waters that can be choppy depending on the assets, trust instruments and personalities involved. As fiduciaries, trustees must honor the trustors’ intent...more
American courts (including our California state courts), in contrast to courts in England, do not typically award attorneys’ fees to a lawsuit’s “victor.” There are, of course, exceptions to this so-called “American Rule.”...more
2/6/2019
/ American Rule ,
Appeals ,
Asset Freeze ,
Attorney's Fees ,
Beneficiaries ,
Due Process ,
Elder Abuse ,
Estate Claims ,
Fee-Shifting ,
Legal Fees ,
Litigation Fees & Costs ,
Trust Distributions ,
Trustees ,
Trusts ,
Wills