Helpful Trust & Probate Blog Articles
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.
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.