The trustee of a trust has a fiduciary duty to act in the best interests of the estate and beneficiaries. As a result, the trust cannot intentionally harm the estate or the beneficiaries. Clearly, if the trustee is stealing from the estate, he or she is breaching fiduciary duty.
Forgery of a will or trust in California can result in the rightful beneficiaries of a person’s estate not receiving the property that they are intended to receive.
Sadly, San Diego probate fraud is a very real problem that often goes unnoticed. Unfortunately, every beneficiary or heir of an estate is at risk.
Understanding what the right step is when you suspect trustee wrongdoing requires the guidance of an experienced San Diego probate court attorney. Trust litigation often can take several months, even years. When you are concerned that trust assets are being abused, it is therefore vital that you act quickly.
When assets are held in trust to avoid a creditor, it may deemed fraudulent under certain circumstances. This may include when the debtor was found insolvent.
Theft is a common reason for trust and probate litigation. Learn more about the surprisingly large group of people may be potentially responsible.
Under California trust law, trustees have a fiduciary duty to act in good faith with respect to the management of trust assets. When a trustee misappropriates funds from the trust for his or her own benefit or the benefit of another, he or she is committing theft.
Wondering what constitutes trustee self-dealing in San Diego? The following are four common examples of how a trustee can breach fiduciary duty.