Bad Trustees Newsletter

⚖️ What Happens in a Probate Court Trial?

by Bad Trustees | May 31, 2025 | The Basics, Trustee | 0 Comments

A probate court trial is a legal proceeding that occurs when there is a dispute over a deceased person’s estate—often about a will, inheritance rights, or the actions of an executor or trustee. It happens when the normal probate process can’t be resolved administratively and must go before a judge.

Strategy on getting a trustee to settle before having to go to trial

by Bad Trustees | May 18, 2025 | The Basics, Trustee | 0 Comments

Here’s a playbook that usually gets reluctant trustees to the table— and makes trial their least attractive option.

Can a spouse be held liable for a lying trustee?

by Bad Trustees | May 3, 2025 | The Basics, Trustee | 0 Comments

Can a spouse be held liable for a lying trustee?Spouse Liability for Bad TrusteesYes, a spouse can potentially be held liable for the actions of a lying or fraudulent trustee—but it depends on several legal factors, and liability is not automatic. Here’s a breakdown:...

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

by Bad Trustees | April 11, 2025 | Liability, The Basics, Trustee | 0 Comments

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 fraud.

Does a Bad Trustee ever really pay any consequences?

by Bad Trustees | April 9, 2025 | The Basics, Trustee | 0 Comments

Consequences a bad trustee faces can vary dramatically depending on the circumstances, the state laws involved, and the actions taken by the beneficiaries.

How is a family Trustee held accountable?

by Bad Trustees | April 6, 2025 | Trustee | 0 Comments

If a trustee fails to act in the best interests of the beneficiaries, breaches their duty of loyalty, or engages in self-dealing, they may be liable for breach of fiduciary duty.

Can a spouse be held liable for a lying trustee?

May 3, 2025 | The Basics, Trustee

Can a spouse be held liable for a lying trustee?Spouse Liability for Bad TrusteesYes, a spouse can...

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

Apr 11, 2025 | Liability, The Basics, Trustee

Description of a Narcissistic Trustee

Mar 28, 2025 | 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 personal gain, and exhibiting traits like a sense of entitlement, lack of empathy, and manipulative behavior.

What is “Hometowned”?

Feb 23, 2025 | Legal Terminology

“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?

Jan 23, 2025 | The Basics

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.

Who is a Trust Beneficiary?

Dec 28, 2024 | The Basics, Trustee

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.

Is it harassment when a trustee deposes a trust beneficiary?

Nov 5, 2024 | Beneficiary, Trustee

While deposing a trust beneficiary is a legal tool, it can be abused. If a trustee uses a deposition to harass or intimidate a beneficiary, that could be considered misconduct.

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

Oct 6, 2024 | Trustee

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...