Helpful Trust & Probate Blog Articles
Challenging Trustee Compensation in California: When Are Trustee Fees Excessive or Unreasonable?
Trustee compensation is one of the most common sources of conflict between a trustee and a beneficiary during trust administration. While a trustee is entitled to be paid for serving as trustee, disputes often arise over the amount of a trustee’s fee, whether a trustee’s fee is justified, and when compensation crosses the line into excessive fees.
How to Handle Out-of-State Properties and Assets During California Trust Administration
Administering a trust can become significantly more complex when the trust includes out-of-state assets. Whether the trust holds out-of-state real estate, financial accounts, or other property located outside California, trustees must understand how California law, the trust document, and the laws of the state where the property is located interact.
Common Mistakes Successor Trustees Make When Administering a Living Trust in California
Under California law, every trustee owes enforceable fiduciary duties to the trust and its beneficiaries. These duties apply the moment the successor trustee begins managing the trust, regardless of experience or intent.
Breach of Fiduciary Duties by a Trustee in California: Understanding Breach of Loyalty vs. Breach of Care
Under California Probate Code § 16000, once a trustee accepts the position, the trustee has a legal duty to administer the trust in accordance with the terms of the trust instrument and, unless the trust provides otherwise, in compliance with California trust law. This statute establishes the foundational obligation that governs all trustee conduct during trust administration.
Sibling Trust Disputes: What Happens When a Sibling Contests a Trust
When a parent’s family trust becomes the center of a sibling conflict, you’re suddenly dealing with both a legal problem and a deeply personal one. Siblings may disagree about what the trust says, how the trustee is managing trust assets, or whether the trust was changed late in life under suspicious circumstances.
Can a Contest Clause Stop You From Contesting a Trust? No-Contest Clause in California
A no-contest clause in a California trust is meant to discourage disputes, but it does not automatically prevent a beneficiary from challenging a trust. Under California Probate Code Sections 21310–21315, enforcement depends on whether the challenge is a direct contest and whether the beneficiary has probable cause.