Trustee’s Professional Fees | How Much are They Paid?

California law provides that both individual and corporate trustees are entitled to compensation for their services as trustee. Corporate trustees, sometimes referenced as professional trustees, are different than individuals – like an aunt or an uncle administering a trust. Independent trust companies and large banks have professional trust departments. These professional trustees often administer trusts […]

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California Gambling Trustees | Breaking Bad on Fiduciary Duties

California heirs and beneficiaries expect that trustees, estate representatives and executors will act as good and prudent fiduciaries. When these fiduciaries fail and take money belonging to trust beneficiaries, they may be subject to civil and even criminal penalties. There are several cases in point. A Sacramento woman was indicted by a federal grand jury […]

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Breach of Trust Triggers | Trust Accounting & Trustee Removal

We want the professionals serving us to aspire to and act consistent with the highest ethics and standards of their profession. Doctors should “first do no harm,” lawyers need to be honest with their clients, themselves, courts and juries, and trustees who manage trust assets must be honest and loyal in their administration. When trustees […]

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Trust Beneficiary Distributions | Trustee Judgment Required?

The power of trustees should not be underestimated. It is said that power can be intoxicating. Some grow with its possibilities and some swell with pride and arrogance. Those who swell may act like potentates whose power can be exercised arbitrarily and without explanation. When queried for reasoning behind a decision, their answer might mimic […]

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Can Trustee Chaos Be Conquered? | CA Estate & Trust Lawsuits

The telephone call can be long or short. The message may be clear at the outset or only parsed out after a series of my seemingly unrelated questions. The caller’s emotions may be controlled or buffeted by a frustrating mix of disbelief and surprise from trustee mistreatment – even theft. The story elements are much […]

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Suspension of Trustee Powers While Removal Petition Is Pending | CA Trust Lawsuits

Petitions to suspend the powers of a California trustee are part and parcel of trust litigation. They’re often filed with the Probate Division of the Superior Court in which the trust is administered or the trustee resides. California Probate Code Section 15642 provides in part “If it appears to the court that trust property or […]

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