A person or organization that has been given responsibility for managing someone else’s property or money through a Trust. There are different types of trusts, including Totten Trusts, Special Needs Trusts, Testamentary Trusts, Living Trust, and many others. The type of trust will determine the exact actions a Trustee must take in order to perform their job.
A Successor Trustee is the trustee who serves after the death, incapacity, or resignation of the…
Usually a will or trust describes the types of distribution for inheritance: “per stirpes,” “per capita by generation,” and “by right of representation.”
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.
Attorney Scott Grossman discusses the two local rules in San Diego that affect two different types of petitions that can be filed in the probate court.