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Articles Posted in Trust & Probate Litigation

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TRUSTS-DUTY TO ACCOUNT TO BENEFICIARIES

q TRUSTS-DUTY TO ACCOUNT TO BENEFICIARIES   By: David L. Crockett, Attorney, CPA UCLA Law School ’69,  UC Berkeley ’66 Newport Beach, Ca       949-851-1771 www.trustandprobatelawyers.com david@clcnewport.com   People involved in a trust.  Because trusts are not filed or recorded with any government agency, laws have been established to make sure…

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Trusts-Accounting-Personal Property Procedures

  TRUSTS – ACCOUNTING- PERSONAL PROPERTY PROCEDURES   By: David L. Crockett, Attorney, CPA UCLA Law School , J.D. ’69,  UC Berkeley ’66 901 Dove St., Ste 120, Newport Beach, CA 92660 Phone: 949-851-1771 Email: David@CLCNewport.com 7-1-22                                                                                                        Website: TrustandProbateLawyers.com     Definition of:  The “personal property” as far as trust…

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16 PITFALLS IN TRUST ADMINISTRATION

GENERIC OUTLINE OF BASIC TRUST ADMINISTRATION STEPS: (Each step of administration can create serious pitfalls and problems if ignored)      1. Study of the trust documents to determine specific instructions i.e. what to do on death of first or second spouse as the case may be. [Why do this?…

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Protected: Trusts-duty to account to beneficiaries & types of accounting

TRUSTS – DUTY TO ACCOUNT TO BENEFICIARIES & TYPES OF ACCOUNTING By: David L. Crockett, Attorney, CPA Types of Accounting:  Trust accounting may be (1) Informal; (2) Formal (non-court) according to Probate Code §16063 format; or (3) Court accounting according to Probate Code §1060 et. seq. requirements. The trust accounting…

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Trust accounting lawsuit/petition procedures

  TRUST ACCOUNTING LAWSUIT/PETITION PROCEDURES By: David L. Crockett, Attorney, CPA Trust terminology basics.     A trust is created by a written  document  known as a declaration of trust, and is then funded by transfer of money  into  trust bank accounts and/or deeding or transferring of properties to the  trust.   The…

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Trustee Fees

WHY DID THE TRUSTEE PAY ALL THAT MONEY TO HIMSELF? WHAT ARE TRUSTEE FEES? A trust is typically established by a document known as a declaration of trust will which is a document with instructions for how the trust assets are to be handled. The declaration of trust also identifies…

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Probate Court Litigation

Orange County Probate Court Litigation Lawyer YOU CAN FILE LAWSUITS OVER PROBATE ESTATE MATTERS PROBATE COURT SYSTEM Part of the California Superior Court system is dedicated to administration of trusts and estates and the deciding of lawsuits over all aspects of trusts and estates. Probate court litigation lawsuits in the…

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Six Real Life Trust Litigation Cases

Intro BE CAREFUL WHO YOU TRUST WITH YOUR TRUST Trust terminology basics A trust is created by a written  document  known as a declaration of trust, and is then funded by transfer of money  into  trust bank accounts and/or deeding or transferring of properties to the  trust.   The creator of…

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Getting Money Out of a Trust

My Sister is the Trustee and She Refuses to Pay My Share Trust terminology basics A trust is created by a written document known as a declaration of trust, and is then funded by transfer of money into trust bank accounts and/or deeding or transferring of properties to the trust.   The creator…

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Wills – Presumption of Fraud or Undue Influence Where Beneficiary is a Fiduciary or Care Giver

Wills benefiting the attorney or caregiver are suspect Abuses in formation of wills and trusts In California over the last few decades there have been some situations whereby attorneys or caregivers have had wills or trusts prepared that benefit them. There was a famous case of a 95-year-old lady whose…

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