Summary
Probate issues in California can involve heir disputes, asset distribution, and fiduciary duties. Disputes may be resolved through mediation or court. Assets are distributed per the will or trust, or intestate laws if absent. Trustees can be removed for misconduct. A no-contest clause may risk a beneficiarys inheritance if they challenge the trust. Beneficiaries must consult a trust advisor before suing. Two out of three beneficiaries must agree on actions, with a minors vote pending until they turn 18. Consider consulting another legal expert for a second opinion.Full Conversation
we are trying to sort out some probate issues in court and I would like to look at possible outcome scenarios
Hey ****! Could you tell me a bit more about the probate issues you are dealing with? For example, are there disputes among heirs, questions about the validity of the will, or concerns about asset distribution? This will help me provide more accurate information.
There are many issues including heir/co-trustee disputes, asset distribution, possible breach of fiduciary duties, trustee removals, temporary appointment of bank as trustee
Got it, ****. Here are some general points regarding probate issues in California:
- Heir/Co-Trustee Disputes: California law mandates that disputes can be resolved through mediation or court hearings.
- Asset Distribution: Assets are distributed as per the will or trust document. In its absence, intestate succession laws apply.
- Breach of Fiduciary Duties: Trustees can be held liable for breaches. Beneficiaries can demand an accounting.
- Trustee Removals: A trustee can be removed for misconduct, incapacity, or failure to act.
- Temporary Bank Trustee Appointment: Courts can appoint a temporary trustee if necessary.
Would you like to connect to a local lawyer to help navigate these issues?
we have a lawyer, but lawyers don’t always look at the case objectively and sometimes are reluctant to use drastic measures because if they loose, it will make them look bad, at least I think that’s the reason why
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Hi ****! I understand your concerns about your current lawyer. It's crucial to have an attorney who is willing to take the necessary actions to protect your interests.
Would you like some additional information on how to handle these specific probate issues in California?
Can I give you more details?
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Sure, ****! Please go ahead and share more details about your probate issues. This will help me provide you with more specific information.
I can preface by saying there is a trust that is not being contested. There are specific rules. One of the rules is in a contest clause, and if a beneficiary brings suit, then they are removed as a beneficiary. before bringing a suit, it is required according to the trust to consults a trust advisor to help settle the dispute if they cannot agree there are three beneficiaries one is a minor two beneficiaries must agree for actions if they cannot they must wait for the 17 year-old beneficiary to be able to vote
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Thanks for sharing more details, ****. Here are some general points to consider based on the trust's rules:
- No-Contest Clause: If a beneficiary challenges the trust, they risk losing their inheritance.
- Consultation Requirement: Beneficiaries must consult a trust advisor before initiating a suit.
- Decision Making: Two out of three beneficiaries must agree on actions, with the minor's vote pending until they turn *.
If you need more tailored advice, it might be beneficial to consult another legal expert. Would you like to connect with another local lawyer for a second opinion?
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