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.

Does a Bad Trustee ever really pay any consequences?

Apr 9, 2025 | The Basics, Trustee

Does a Bad Trustee ever really pay any consequences?Bad Trustee consequencesThat's a really...

How is a family Trustee held accountable?

Apr 6, 2025 | Trustee

How is a family Trustee held accountable?Trustee AccountabilityA trustee can be held accountable...

Who is the respondent in a probate case?

Sep 23, 2024 | Legal Terminology, The Basics

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 are the duties of a Trustee?

Jul 23, 2024 | The Basics

A trustee has a fiduciary duty to act in the best interests of the beneficiaries, including duties of loyalty, impartiality, and management.

What is an 850 petition?

Feb 23, 2024 | Legal Terminology

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 party, often to avoid a formal probate process.

Tactics of a lying and deceitful Trustee

Jan 6, 2024 | The Basics

A lying trustee can use various tactics to deceive beneficiaries, conceal their actions, or avoid accountability.

What is a breach of fiduciary duty in probate?

Apr 11, 2023 | Legal Terminology, The Basics, Trustee

A breach of fiduciary duty in probate occurs when an executor (or trustee) fails to act in the best interests of the beneficiaries or the estate, violating their fiduciary duty.

How to prepare for probate mediation

Apr 9, 2023 | The Basics

How to prepare for probate mediationProbate Mediation PreparationOkay, probate mediation is a fantastic way to resolve disputes efficiently and cost-effectively. But it requires preparation. Here's a breakdown of how to prepare for probate mediation, broken down into...