Bad Trustees Newsletter

Can a trust attorney be held liable for a lying trustee?

Can a trust attorney be held liable for a lying trustee?Trust Attorney Liability Generally, a trust attorney is not directly liable for a lying trustee, unless they actively participated in or assisted the trustee in breaching fiduciary duties or committing...

Does a Bad Trustee ever really pay any consequences?

Does a Bad Trustee ever really pay any consequences?Bad Trustee consequencesThat's a really important and complex question, and the short answer is: **it's complicated, and consequences aren't always straightforward or immediate.** There's no single, easy answer, and...

How is a family Trustee held accountable?

How is a family Trustee held accountable?Trustee AccountabilityA trustee can be held accountable in various ways for their actions or omissions while managing a trust. Here are some common methods: Breach of Fiduciary Duty: If a trustee fails to act in the best...

Description of a Narcissistic Trustee

A Narcissist TrusteeDescription of a Narcissist Trustee A narcissistic trustee,someone entrusted with managing assets or affairs, would likely prioritize their own needs and desires above the interests of the beneficiaries, potentially exploiting their position for...

What is “Hometowned”?

What is "Hometowned"?Hometowned "Hometowned" is a slang term in legal circles, meaning a lawyer or client is discriminated against by a local judge who favors local parties and attorneys over those from out of town, essentially experiencing a "home court advantage". ...

Who is the petitioner in a probate case?

Who is the petitioner in a probate case?The Petitioner In a probate case, the petitioner is the person who initiates the legal process by filing a petition with the court to open the estate and seek the appointment of a personal representative (executor or...
Who is a Trust Beneficiary?

Who is a Trust Beneficiary?

Who is a Trust Beneficiary?Definition of a Trust Beneficiary A trust beneficiary is a person or entity that is designated to receive the benefits of a trust, meaning they are entitled to receive income, assets, or other advantages as outlined in the trust document. ...

Can a Trustee can go to jail for stealing from a trust?

Can a Trustee can go to jail for stealing from a trust?

Can a Trustee can go to jail for stealing from a trust?Trustee Embezzlement Yes, a trustee can go to jail for stealing from a trust, but this is rare, and usually the case is handled civilly rather than criminally.If convicted of a criminal offense, a trustee could...

Who is the respondent in a probate case?

Who is the respondent in a probate case?

Who is the respondent in a probate case?The Respondent In a probate case, the "respondent" is the party against whom a petition or objection has been filed, essentially the person being challenged or opposing the petition.  Here's a more detailed explanation: Probate...

What is are the duties of a Trustee?

What is are the duties of a Trustee?

What are the duties of a Trustee?Trustee's Duties In California, a trustee has a fiduciary duty to act in the best interests of the beneficiaries, including duties of loyalty, impartiality, and prudent management of trust assets, while also maintaining accurate...

What is an 850 petition?

What is an 850 petition?

What is 850 petition?850 petition In California, an "850 petition," also known as a Heggstad petition, is a legal tool used to request a court order to transfer or confirm ownership of property that is believed to belong to a trust or estate but is held by another...

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