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How breach of fiduciary duty plays into trust litigation

When a California resident agrees to fill a position in someone’s estate plan, he or she takes on…
What do the courts look for when it comes to diminished capacity?

What do the courts look for when it comes to diminished capacity?

The term “diminished capacity” means slightly different things, depending on the legal issue at hand. For instance, the…
Terry Semel’s family members to negotiate conservatorship

Terry Semel’s family members to negotiate conservatorship

After spending decades at the helm of Warner Bros and Yahoo!, Terry Semel’s health declined with the onset…
Choosing the wrong trustee could lead to trust litigation

Choosing the wrong trustee could lead to trust litigation

Perhaps the most important part of any estate-planning document is designating the people who will carry out a…
Mistakes when settling a trust could lead to trust litigation

Mistakes when settling a trust could lead to trust litigation

During life, many California residents design an estate plan they believe will best serve their surviving family members…
Can you trust conservatorships run by parents?

Can you trust conservatorships run by parents?

Most people would like to think they can trust their relatives to put their children’s best interests ahead…
Did you receive your fair share as a remainder beneficiary?

Did you receive your fair share as a remainder beneficiary?

Many trusts created here in California and elsewhere provide for the distribution of any remaining assets when the…
What family members should watch for in conservatorships

What family members should watch for in conservatorships

The average age of the country’s population is increasing. As baby boomers move into retirement age and beyond,…
Who’s watching over those appointed to conservatorships?

Who’s watching over those appointed to conservatorships?

California law provides for one person to take over the decision-making role for another person when he or…
California courts rely on honesty in conservatorships

California courts rely on honesty in conservatorships

When loved ones can no longer handle their daily affairs on their own, it often becomes necessary for…