Helpful Trust & Probate Blog Articles
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.
Trust Accounting Disputes and Beneficiary Rights for Trust Assets
When trust accounting issues arise, beneficiaries are often left feeling frustrated, confused, and uncertain about whether their inheritance is being properly protected. California law gives beneficiaries strong rights to transparency and accountability—but enforcing those rights often requires experienced legal guidance. OC Trusts Lawyer helps beneficiaries and families navigate probate and trust disputes throughout California.
Will Forgery in Probate: How Courts Evaluate Signature Fraud When You Contest a Will in California
When a will surfaces in California probate that appears suspicious, families are often left wondering whether the document truly reflects the testator’s intentions—or whether forgery, fraud, or a forged signature played a role. Forged wills can dramatically alter how a loved one’s estate is distributed, sometimes cutting out rightful heirs entirely.
What Happens When an Executor of an Estate Dies, Resigns, or Is Removed in California Probate?
When a loved one passes away, the executor of an estate is responsible for guiding the probate process from appointment to final settlement. But what happens when an executor in California dies, resigns, or is removed before probate is complete? These situations can disrupt an ongoing probate case, create uncertainty for beneficiaries, and lead to costly delays if not handled correctly.
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.