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Blog Posts in Fiduciary

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  • Part II - Estate Planning Attorney Disqualified from Representing A Client with Adverse Interests To Former Client
    Part II - Estate Planning Attorney Disqualified from Representing A Client with Adverse Interests To Former Client

    To continue our blog on Fiduciary Trust International of California v. Superior Court, Betty Brown (decedent), changed her will after Willet's death. Instead of leaving the majority of Betty's assets ...

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  • Trustee Compensation
    Trustee Compensation

    Probate Code section 15680 subd. (a) provides that "if the trust instrument provides for the trustee's compensation, the trustee is entitled to be compensated in accordance with the trust instrument." ...

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  • Are Trustees Protected from Fiduciary Breaches by No Contest Clauses?
    Are Trustees Protected from Fiduciary Breaches by No Contest Clauses?

    Not according to the California courts. In the case of Christopher Gene Fazzi v. Norma Jean Klein, 2010 Cal. App. LEXIS 2112 , Christopher sought to remove his mother, Norma, has the sole trustee for ...

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  • Reasonable Attorneys' Fees may be Paid out of a Trust
    Reasonable Attorneys' Fees may be Paid out of a Trust

    Being named the trustee of any trust is a serious obligation, one which may open you to litigation. In California, the Appellate Court recently ruled in 2010 that in order to recover attorneys' fees ...

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  • Standard to Appoint a Guardian
    Standard to Appoint a Guardian

    In January of 2010, the California Appellate Court considered the right of a parent to care for their children in considering an application for the appointment of a Guardianship of a person on behalf ...

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  • Donative Transfers to Care Custodians of Depending Adults
    Donative Transfers to Care Custodians of Depending Adults

    Often times when an ailing person requires 24 hour care, they become quite close with their care custodian. This may result in situations where the care custodian uses the close relationship and the ...

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