Bad Trustees Newsletter

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

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

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?

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

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?

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

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

by Bad Trustees | March 28, 2025 | Trustee | 0 Comments

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”?

by Bad Trustees | February 23, 2025 | Legal Terminology | 0 Comments

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?

by Bad Trustees | January 23, 2025 | The Basics | 0 Comments

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?

Dec 28, 2024 | The Basics, Trustee

Who is a Trust Beneficiary?Definition of a Trust Beneficiary A trust beneficiary is a person or...

Is it harassment when a trustee deposes a trust beneficiary?

Nov 5, 2024 | Beneficiary, Trustee

Is it harassment when a trustee deposes a trust beneficiaryTrustee Deposing a Beneficiary Whether...

Why a trustee would lose a probate case?

Oct 4, 2022 | The Basics, Trustee

Why a trustee would lose a probate case?Trust Losing ProbateA trustee might lose a probate case for several reasons, usually tied to breaching their legal duties or acting in bad faith. Here’s a breakdown of common reasons: 🧨 Top Reasons a Trustee Might Lose in...

Can a spouse be held liable for a lying trustee?

Sep 7, 2022 | The Basics, Trustee

Can a spouse be held liable for a lying trustee?Trust Spouse LiabilityGenerally, a spouse is not automatically liable for the actions of a trustee, even if the trustee is their spouse, unless certain conditions apply. Here’s how it breaks down: 🔍 Key Legal Concepts:...

How to collect damages if trustee hides assets?

Aug 19, 2022 | The Basics, Trustee

How to collect damages if trustee hides assets?Trustee DamagesCollecting damages from a trustee who has hidden or misused trust assets is totally possible—but it takes a strategic combo of legal action, documentation, and often court involvement. Here's how to go...

What is an A/B for an Irrevocable Trust?

Jul 19, 2022 | The Basics, Trustee

What is an A/B for an Irrevocable Trust?A/B TrustGreat question! An A/B trust setup, even within the context of an irrevocable trust, is a type of estate planning structure used to help minimize estate taxes and preserve assets—especially for married couples. 🔤 What...

Financial elder abuse

Jun 19, 2022 | The Basics, Trustee

Definition of Financial Elder AbuseElder Financial AbuseFinancial elder abuse is a form of exploitation where someone illegally or improperly uses an older adult’s money, property, or assets for personal gain—often without the elder’s knowledge, understanding, or...

Does personal character matter in a civil probate case against a trustee?

May 19, 2022 | The Basics, Trustee

Does personal character matter in a civil probate case against a trustee?Trustee Personal CharacterYes, personal character can matter in a civil probate case against a trustee — but it's not the primary focus. Here’s how it factors in: 🔍 What matters most: In probate...