Tag Archives: trustee fraud
How Do I Bring a Claim Against a Trust?
HOW DO CREDITORS BRING CLAIMS AGAINST A TRUST AFTER THE SETTLOR DIES? When trust or administration proceedings begin, the Trustee must give notice to all creditors of the trust (or estate) by complying with applicable laws relating to creditors and notice. Where the trust is administered without court supervision, this notice generally is given… Read More »
What is a “Pour-Over” Will (or Devise)?
A VALID “POUR-OVER” WILL ADDS PROPERTY TO THE TESTATOR’S TRUST AT THE TIME OF DEATH In California, a person can add property to a trust (or even create a trust) in his or her will. The term for this type of will (or provision in a will) is a “pour-over” because it “pours” the property… Read More »
When Has a California Trustee Breached His or Her Fiduciary Duty?
FIDUCIARIES MUST ACT WITH “UTMOST GOOD FAITH” A fiduciary, like the trustee of a trust, must act with the highest degree of good faith, and for the benefit of the person or entity to whom the fiduciary owes the duty. In the case of a trustee, this means managing the trust, and the trust… Read More »
