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Blog Posts in Breach of Fiduciary Duty

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  • Part II - Res Judicata Bars Financial Elder Abuse Claims On Court Approved Accountings
    Part II - Res Judicata Bars Financial Elder Abuse Claims On Court Approved Accountings

    To continue our blog on Knox v. Dean (205 Cal.App.4 th 417 (2012)), Donna (successor conservator , plaintiff, cross-defendant and appellant) appealed the trial court's decision granting Dean's ...

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  • Part II: Probate Court has Authority to Compel an Accounting and it is Not Appealable Unless...
    Part II: Probate Court has Authority to Compel an Accounting and it is Not Appealable Unless...

    Trustees and those entrusted to act as successor trustees should note that the probate court has the authority to compel a formal, verified accounting as a preliminary step in any court dispute which ...

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  • Developmentally Disabled Woman Kept From Benefitting From Trust Assets
    Developmentally Disabled Woman Kept From Benefitting From Trust Assets

    A case that is currently making it's way through the San Francisco Probate Court demonstrates the importance of choosing the right person to be a trustee. Especially, in the case of a special needs ...

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  • Millions Missing From Northern California Trusts
    Millions Missing From Northern California Trusts

    An ongoing investigation by the FBI into the disappearance of more than $17 million from dozens of trust funds of Northern California citizens highlights the seriousness of financial fraud that can ...

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  • Considersations On Finding A Trustee Has Acted Dishonestly
    Considersations On Finding A Trustee Has Acted Dishonestly

    Generally if the grantor decides to give their trustee the power of absolute discretion the trustee will most likely be less subject to review. Of course, no matter how much power a trustee has, they ...

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  • Government Worker's Indicted Over Intestate Decendents' Estates
    Government Worker's Indicted Over Intestate Decendents' Estates

    In a recent New York case, Richard Paul, the bookkeeper for the Brooklyn public administrator's office, has been charged with allegedly funneling more than $2.6 million into personal accounts from ...

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