The First District Court of Appeal holds that a trustee may seek an elder abuse restraining order without first proving the elder lacks legal capacity — and that an attorney's fee agreement can itself constitute financial elder abuse under the Elder Abuse Act. A landmark ruling for trustees protecting vulnerable elders.
When five siblings inherited their father's trust, two refused to participate in court-ordered mediation. Under the Breslin rule, their silence cost them the right to challenge the settlement. A story about what happens when beneficiaries won't come to the table — and the legal tool trustees can use to move forward without them.
A professional fiduciary thought the 120-day contest deadline and a no-contest clause made the trust terms final. Then a reformation petition arrived — more than a year later. After Packard v. Packard, every trustee in California needs to understand why the fortress has a gate.
When two co-trustees of a California trust cannot agree, the entire administration freezes. This article explains the legal path forward — from the unanimity rule that stops everything, to the fiduciary duties that compel action, to the petition for instructions that lets a court break the deadlock.
When a trustee faces litigation, the first question is often: who pays for the lawyer? California law gives trustees broad authority to hire counsel with trust funds—but that authority has sharp boundaries. Learn where the power comes from, where it ends, and what every trustee needs to know.
With no will in California, one set of rules decides who inherits the property in the estate. A separate ranked list decides whom the court may appoint.
Serving as a trustee carries significant legal responsibilities. This guide covers the core fiduciary duties every California trustee must understand.
Trust contests are among the most contentious matters in probate court. Here are the five legal grounds most frequently raised in Orange County.
Probate can be a lengthy and complex process. This guide walks executors and administrators through what to expect in Orange County courts.
A well-crafted estate plan protects your family and your assets. Here are the foundational documents every California resident should consider.
Surcharge claims can expose trustees to personal liability. Understanding the common allegations and defense strategies is critical for every fiduciary.
A will says who should receive the property it reaches and names an executor. In California no one may administer the estate until the court appoints them.
Whether probate is needed in California depends on what the person owned and how each asset was held, not on whether there is a will. Learn to sort the assets.
Learn what to gather after a death in California, how to organize records, and which actions require authority.