Category Archives: Trust Litigation Newsletter Topics

What Is Trust Litigation?

When Is Estate or Trust Litigation Necessary? Probate and trust litigation are fostered by the basic forces of death, greed, familial hostility, and the success of medical technology in prolonging life beyond the patience of their heirs. Disputes regarding the … Read More

Undue Influence

What Is Undue Influence in Trust Litigation? Probate Code Section 15610.70 defines Undue Influence as: (a) “Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will, and results in … Read More

Trustee’s Responsibilities

What Are a Trustee’s Responsibilities? There are many duties that a Trustee is responsible for once the Grantor has established the trust and falls ill. At Incapacity of Grantor, the Trustee Must: Oversee care of Incapacitated Grantor. Understand insurance benefits … Read More

Ineffective Successor Trustee

What Is an Ineffective Successor Trustee? A Successor Trustee is named to step in and manage the trust when the Trustee is no longer able to continue (usually due to incapacity or death). Typically, several are named in succession in … Read More