If a Trustee Won’t Sell House to Distribute CA Trust Proceeds | A Bird’s-Eye View

At times I think that we at Hackard Law have a bird’s-eye view of California trust litigation. Our perspective is gained from both the cases that we take and don’t take. Our communications with clients and potential clients are, of course, privileged. That said, given our law firm’s high volume of calls and emails regarding […]

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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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Removing a Trustee in California | Beneficiary Rights

In California, a trustee has a significant amount of control over the trust administration process. The trustee has the power to gather the assets of the trust, work with creditors, and distribute the trust assets to the beneficiaries. The trustee also owes the beneficiaries of the trust (and the trust itself) a fiduciary duty to […]

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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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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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