Helpful Trust & Probate Blog Articles
Elder Abuse Restraining Order California | 2026 Guide
An elder abuse restraining order in California is a protective court order that may help an older adult or dependent adult stop abuse, neglect, isolation, harassment, threats, or exploitation. These cases can often involve physical harm, emotional pressure, financial elder abuse, interference with care, or disputes over control of property, trusts, powers of attorney, or inheritance.
What to Do If a Trustee Refuses to Distribute Assets in California?
When someone you love creates a trust, they are usually trying to make life easier for the people they leave behind. The plan is simple: after death (or another triggering event), the trustee steps in, handles trust administration, and distributes assets to each beneficiary as required by the trust terms.
How to Remove a Trustee for Mismanagement in California
When a trustee assumes responsibility for managing a trust, California law imposes strict fiduciary duties designed to protect all beneficiaries and preserve trust assets. Unfortunately, not all trustees honor these obligations. One of the most serious violations occurs when a trustee engages in self-dealing, placing personal interests above the beneficiaries’ best interests.
Contest a Will in California: What Is the Success Rate for Contesting a Will – and Can You Contest a Will and Win?
If you want to contest a will in California, you need more than frustration with how the inheritance was divided. You must have legal standing, valid legal grounds such as lack of capacity, undue influence, or fraud, and enough evidence to persuade the probate court that the will is invalid. Your chances of success depend on the facts, the quality of your evidence, strict deadlines in the California Probate Code, and the skill of your probate litigation attorney. OC Trusts Lawyer helps families evaluate whether it is worth contesting a will, understand how no-contest clauses work, and protect their rights in California probate and estate disputes.
Trustee Breach of Fiduciary Duties in California: When Breaches of Fiduciary Obligations Lead to Liability
When a trustee assumes responsibility for managing a trust, California law imposes strict fiduciary duties designed to protect all beneficiaries and preserve trust assets. Unfortunately, not all trustees honor these obligations. One of the most serious violations occurs when a trustee engages in self-dealing, placing personal interests above the beneficiaries’ best interests.
What Is the Standard of Mental Capacity to Draft a Will in California?
Understanding the capacity required to create a will, or complete an estate plan under California law is essential—especially when families anticipate a future dispute. California imposes specific mental capacity requirements for different estate documents, and the legal thresholds vary depending on whether someone is preparing a will, creating a trust, or modifying an existing plan.