fiduciary duties Archives - Kevin J. Moore & Associates

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What You Need To Know About California’s New Decanting Statute

Uniform Trust Decanting Act

In September of 2018, the California Legislature enacted the Uniform Trust Decanting Act. Decanting is defined as the ability of someone to distribute property from an irrevocable trust (“the first trust”) to one or more second trusts or to modify the terms of the first trust without the consent of the beneficiaries of the first trust or approval of the court. California’s new decanting statute is highly technical, replete with […]

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Reading the Fine Print: Probate, Trusts and the Duties of a Trustee

If you own any form of assets, you’ve probably heard that you should avoid probate by putting your property in a trust. In cases where the value of an estate exceeds $150,000 — for smaller estates probate isn’t mandated — that is indeed sound advice, especially in California, where probate can be a lengthy and expensive process. But when it comes to trusts, I have often noticed that people expect […]

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Care, loyalty and lawsuits: Fiduciary duties of directors

Let’s start with a hypothetical scenario: A friend of yours, the co-owner of a small L.A. based enterprise that produces custom made furniture, asks you to join his company’s Board of Directors. You feel honored by the trust placed in you, don’t see any potential conflict of interest, reflect on what the time commitment might be — a few board meetings a year doesn’t sound too bad — and are […]

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