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Posts Tagged ‘trustee’

Adding Flexibility and Peace of Mind: Why Every Trust Should Have a Trust Protector

Trusts, as we have known them for centuries, are made up of four parts: the settlor, the trust (i.e. the assets,) the trustee and the beneficiaries. But more recently a fifth element has come into play, a trust protector or trust advisor who has the power to direct a trustee to do or not do something. The role of trust protector originated with offshore trusts. Settlors with assets in the […]

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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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When a Trustee Acts in Bad Faith: Lessons from Gray v Jewish Federation

As an estate planning attorney who represents trustees whose actions have been challenged as well as parties who allege wrongdoing by a trustee, I stay current with legal developments in the field. A recent case before the California Court of Appeal for the Fourth District is a good lesson. It demonstrates what is ultimately expected of a trustee and what’s at stake in lawsuits involving trusts. So here’s what happened, or […]

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When Government Benefits Are at Risk: Supporting Your Child With Special Needs

About five percent of school-aged children in the United States live with a disability. Their diagnoses include vision, hearing and orthopedic impairments as well as serious emotional disturbance, autism and specific learning disabilities. In many cases these children continue to depend on the multi-pronged support of others into adulthood. If you have a son or daughter with a disability you may be wondering how you can help him or her stay […]

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