A trustee generally has greater authority than a beneficiary to manage and control trust assets, but the two roles serve entirely different purposes. A trustee administers the trust and may have authority... Read more »
A holographic will — one that is handwritten and signed by the testator — does not need to be self-proving. Although a holographic will could theoretically include a self-proving affidavit, this is... Read more »
No. A no contest clause does not prevent a beneficiary from challenging a will or trust. It simply means that certain actions, such as bringing a direct contest, filing a creditor claim,... Read more »
Generally, no. Only parties with legal standing (i.e., those with a direct financial interest in a trust) have the right to sue a trustee. However, as the Malcolm-Jamal Warner trust dispute demonstrates,... Read more »
Chadwick Boseman’s estate was valued at approximately $3.8 million at the time of his death. After accounting for administrative expenses, probate costs, debts, taxes, and other obligations, the estate’s net value was... Read more »
Trust Matter Trustees Beneficiaries Counseling for Trustees The job of a trustee often requires making difficult decisions, such as selling trust property against beneficiaries’ wishes or investing trust assets. A trust attorney provides... Read more »
Determining whether to get involved in a trust dispute as a trustee is a complicated matter, so you should consult with a trust lawyer regarding your individual case. If the terms of... Read more »
Although it’s not appropriate to make a motion for directed verdict in every trial, it would be a mistake to fail to make one in a trial where it’s applicable, as this... Read more »
They can be, but whether they should depends on the circumstances. It is common for individuals to nominate the same person to serve as both executor of their will and trustee of... Read more »
In California, formal probate with a will generally spans nine to 18 months, though this timeline varies based on estate size, complexity, and potential disputes. Consulting an experienced probate attorney is the most effective way to obtain an... Read more »