Fiduciary / Trustee Removal Proceedings in California
The designated administrator of a trust has an obligation to act in the best interest of the beneficiaries of that trust; if they fail to do so, there are several legal courses of action that beneficiaries can pursue.
Fiduciary Duties in California and Breach of Fiduciary Duty
When a person is named a trustee, they have a fiduciary duty to the trust’s beneficiaries that you must fulfill. Those trustees are legally forbidden from acting in any way that is detrimental to the beneficiary’s best interest.
Standing in Financial Elder Abuse Cases
I’m often asked about who has the standing to bring financial elder abuse actions. Under Code of Civil Procedure §367, “[e]very action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.” If a person who lacks standing files an elder abuse claim, the claim may be subject to dismissal.
Is having Co-Trustees a good idea?
Settlors frequently choose successor co-trustees to act after they are no longer able to administer their own trusts. Rather than picking one of their kids to serve as sole successor trustee when they die or become incapacitated, Mom and Dad often appoint two or more of their children to act together as successor co-trustees.