Questions tagged [trusts-and-estates]

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What actions can be taken against a trustee who won’t disburse funds from a trust on unjust grounds?

If a trustee was refusing to disburse funds to a beneficiary and a case could be made that they did not have any sound reason for withholding, what legal actions does the law provide, to lawyers or ...
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0answers
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Trust Law - do trustees have to confirm that you are a beneficiary of the trust if you ask them directly?

I've asked the trustees of a trust to confirm that I am a beneficiary, which is what I believe to be the case. Do they have to give an honest answer?
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3answers
175 views

Amending a Defective Irrevocable Trust

By a defective trust, I mean a trust that meets the definition of a trust for estate tax purposes but not income tax purposes. Consider an irrevocable defective trust that is setup without going to ...
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1answer
557 views

If Barefoot v. Jennings is upheld by CA Supreme Court, what recourse would disinherited child have against undue influence by unscrupulous caretaker?

Background My friend (plaintiff) has an open case against her mother's unscrupulous caretaker (defendant). Plaintiff is claiming that the defendant used 'undue influence' against plaintiff's mother, ...
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0answers
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The extent to which probate proceedings impact the timeline for payouts to beneficiaries of (ir)revocable living trusts upon the death of the settlor

In the State of Texas, Settler creates a revocable living trust which, among other things, provides for certain GST-exempt cash payouts to be made upon her death. The trust also provides that ...
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0answers
36 views

Is it usual and cutomary for seller to provide credit card debt amounts and bank accounts to title agent

Got an unusual one.....selling a house, from an estate, as court appointed administrator. Title agent is asking administrator to provide the consumer credit cards and amounts, of decedent, owed to ...
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0answers
30 views

Does an indemnification agreement saying it was not induced by improper conduct make sense?

I am a beneficiary of a family trust, being forced to sign an indemnification agreement, similar to the situation described in Why California codified "A trustee may not require a beneficiary to ...
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1answer
91 views

One Unit Trust with many classes of unitholders: is it possible?

If different assets are contributed to a Unit Trust, say one real estate property in San Francisco and one real estate property in Los Angeles, can the Deed of Trust specify 2 classes of beneficiaries/...