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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Lying Trustee Exposed | CA Elder Financial Abuse Litigation

Communities across California overwhelmingly support programs to prevent financial elder abuse and to punish those responsible for this offense. California law provides clear civil and criminal remedies to enforce the rule that elder financial abusers must be held accountable for all the harms and losses that they cause. In estate, trust and probate litigation, that […]

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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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Problem Trustee Removal | Damages and Forcing Inheritance Distribution

Hackard Law, our California law firm representing clients in trust, estate and probate litigation, is regularly called upon to enforce a wronged beneficiary’s right to an accounting from an uncommunicative, recalcitrant or duplicitous trustee. While California probate courts will follow the law and order a trustee to provide an accounting, this is only part of […]

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How to File a Consumer Complaint Against a Professional Fiduciary Trustee

California “licensing is required for non-family member professional fiduciaries who serve as … trustees for at least four non-related trustors.” “The Professional Fiduciaries Bureau … in the Department of Consumer Affairs … is responsible for the licensure and regulation of non-family member professional fiduciaries, including conservators, guardians, trustees, and agents under durable power of attorney […]

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CA Trustee’s Bad Ideas | Hiding the Trust from Beneficiaries

It’s 2017. Experts estimate that California’s population is approaching 40 million. Riverside, San Bernardino, Los Angeles, San Diego, Orange, Alameda, Contra Costa and Sacramento Counties are a very significant part of our state’s annual growth. These are also counties where Hackard Law regularly litigates disputed trust, estate and elder financial abuse cases. The breadth of […]

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