In most situations, the court does not supervise a trust administration. If you suspect a trustee is mentally incompetent, act quickly to protect the assets.
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Shelly Sterling is currently pursuing trust litigation to have Donald declared mentally incompetent. She may face an uphill battle. Read more here.
If you suspect a trustee is mismanaging trust assets, you have several options. Consider petitioning the court for an accounting to assess what has happened.
Assets in a trust may be protected from creditors under some circumstances. When factors that indicate fraud are present, the trust may be subject to attack.
In some cases, a child not named in the will can force a personal representative to distribute them a share. These children are known as pretermitted children.
When probating an estate, personal representatives can help avoid potential conflict by acting diligently. Complete the petition for probate with caution.
When selling real estate during a probate administration, a bidding war may arise for the property. The court may allow overbids under certain circumstances.
Selling real estate during an estate administration can create issues resulting in litigation. There are common problems that beneficiaries should be aware of.
Interested parties who suspect that a trust is inaccurate due to a mistake or fraud have options. One option is pursue a trust reformation by the court.
Trustees of California trusts could be held personally liable for their negligent actions. Beneficiaries will have to demonstrate these five things to succeed.