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.

Who is the petitioner in a probate case?

Jan 23, 2025 | The Basics

Who is the petitioner in a probate case?The Petitioner In a probate case, the petitioner is the...

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...

Can a spouse be held liable for a lying trustee?

Sep 7, 2022 | The Basics, Trustee

A spouse is not liable for a lying trustee unless they were directly involved, benefitted knowingly, or the misused funds ended up in community assets that can be reclaimed.

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...

What are double damages in probate court?

Apr 11, 2022 | The Basics

What are double damages in probate court?Probate Double Damages In California probate court, double damages under Probate Code Section 859 refer to a penalty for wrongfully taking, concealing, or disposing of estate property. This penalty is twice the value of the...