Concluding our blog series California Trustee Duties: Here’s What You Should Know, below, we will point out some final important things to be aware of when it comes to serving as a trustee in California.
California Trustee Duties: Resolving Disputes
During the course of administering a trust, should any disputes or issues arise regarding the following issues, it will typically be up to the trustee to bring these matters to a resolution (potentially with the help of other professionals like, for instance, attorneys, accountants and/or judges):
- The allocations to the beneficiaries.
- The assets and investments of the trust.
- The evaluation of the trust’s holdings.
- Ambiguities regarding the provision or intention of a provision of the trust.
- Modifying or revoking the trust to make it conform to the wishes of the settlor.
- Allegations of breaching fiduciary duties. (This generally occurs when beneficiaries have alleged that a trustee has breached his trustee duties.)
- The validity of the trust.
Here, it’s also important to mention “no-contest” clauses. These causes are often included in trusts by settlers in order to try to minimize potential future trust disputes and litigation. In general, no-contest clauses in trusts stipulate that a beneficiary of the trust can be removed from this position if he initiates certain court proceedings (to dispute the trust) and loses these proceedings.
The Bottom Line: California Trustee Duties Are Numerous & Complicated
The bottom line regarding California trustee duties is that it’s generally wise to retain an experienced attorney to helped administering trusts because:
- Trustee duties can be complicated, especially when trusts hold substantial assets, there are many beneficiaries to trusts, etc.
- Trustees can be held personally liable if they make mistakes administering trusts.
San Fernando Trust Administration Attorney at the Law Offices of Darrell C. Harriman
Do you need help administering a trust? If so, the trusted San Fernando trust administration attorney at the Law Offices of Darrell C. Harriman is here for you. Since 1980/three decades, our San Fernando trust administration attorney has been dedicated to providing his clients with personalized, highly responsive service, as well as superior representation for their important legal matters.
When people make the smart choice to move forward with San Fernando Attorney Darrell C. Harriman, they can be assured that they will:
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- Have an experienced, skilled lawyer listening and responding to their legal concerns.
- Have the best possible representation throughout the course of their case, regardless of whether it proceeds through mediation, arbitration, or court proceedings.
- Have the optimal chances of bringing their case to a successful resolution.
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