Probate attorney Scott Grossman explains what a no-contest clause really means and the difference in challenging a trust and challenging a trustee.
Read More
Probate attorney Scott Grossman explains what goes into discovery.
Probate attorney Scott Grossman explains what comes next after accounting has been demanded but nothing has been produced.
Attorney Scott Grossman discusses the final steps one must make before finally ending the probate process.
If a trust dictates the amount of trustee compensation, that amount generally is what is used. In some cases, you may be entitled to more, however.
I’m not getting what I’m supposed to from my parents’ estate. What can I do about it?
None. There is no form to fill out to file a trust contest. Trust contests, and will contests, require a petition to be filed with the probate court.
Generally, if you were the beneficiary named in a California trust, you have the right to see a copy of the trust instrument, provided that your rights have vested. If your rights as a beneficiary have vested, you can request a copy of the trust instrument directly from the trustee.
Modifying an irrevocable trust is not a simple procedure. If changing trust terms were easy, it would increase the potential for the intent of the creator of a trust to be overlooked. California probate laws, however, do outline limited circumstances under which a trust can be changed or terminated.
If you have reason to suspect that the trustee of a trust in San Diego is engaged in wrongdoing and you have an interest in the trust property, requesting a bond can provide some protection. A beneficiary can petition the Court to order the Trustee produce a bond. The bond serves as a safeguard. If the trustee engages in wrongdoing, the bonding company will pay the costs.