Helpful Trust & Probate Blog Articles
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.
What a Successor Trustee Must Do During Trust Administration After Death
For anyone named as a successor trustee, the first 60 days are often the most stressful and legally sensitive period. California law imposes specific duties, notice requirements, and deadlines that trustees must follow to protect trust beneficiaries, preserve assets, and avoid personal liability.
Max Alavi, Attorney at Law, APC: Contested Trust Litigation “Win”
Newport Beach, California, October 2018 – Max Alavi, Attorney at Law, APC, would like to announce the successful conclusion of another litigated trust matter.