Being appointed as a fiduciary of someone’s estate, whether it's as an executor, administrator or trustee, is a position of significant responsibility. You are required to act with loyalty, care and impartiality. In addition, you are also held to strict legal...
Bay Area Estate And Tax Planning Law Firm
Fiduciaries
How do you prove a breach of fiduciary duty?
Accusing someone or an institution of breaching their fiduciary duty is a serious allegation, and one that also demands strict proof — as it should. Just what does it take to prove that someone breached their fiduciary duty? There are often some misconceptions. Losses...
3 ways people violate their fiduciary duty to an estate or trust
Estate and trust administration may require months or years of concerted effort. The person creating an estate plan or funding a trust typically selects someone to manage administrative matters. A trustee helps administer a trust, while a personal representative or...
The importance of communication when serving as a fiduciary
Individuals who have close relationships with those planning their estate and those acknowledged as responsible by their loved ones could end up serving as the fiduciary of an estate. Both personal representatives assisting with estate administration and trustees...
How to prepare yourself for fiduciary duties in California
Taking on fiduciary duties in California requires careful preparation and a clear understanding of your responsibilities. Whether you are a trustee, executor or corporate officer, you must act in the best interests of those you serve. Here is how to get ready for this...
Understanding the fiduciary duty of loyalty in estate planning
The concept of fiduciary duty of loyalty plays a crucial role in estate planning. Whether you are creating an estate plan or a fiduciary in someone else's plan, understanding this principle is essential. Knowing what it means and what it entails may help you carry out...
What are valid reasons to remove an executor?
When drafting a will, appointing an executor can benefit surviving family members and heirs. An executor has a vital role in managing the decedent’s estate, paying off debts and distributing the assets based on what the will says. Most of the time, having someone...
What fiduciary duties does an executor have in California?
Estate planning is a helpful way for those in California to put plans in motion that will ensure their loved ones are cared for when they are gone. A properly established estate helps ensure you pay your debts while leaving behind assets to your beneficiaries....
What it means to be a fiduciary
A fiduciary is an individual legally bound to act in the best interests of another party, known as the principal. You probably already know that your California physician cannot disclose confidential information about your medical history without your permission....
Finally dispelled: the most common myths about fiduciaries
Californians use a variety of financial advisors in an effort to leverage their money and limit their liabilities. Resources range from online and print publications to accountants and estate planning attorneys. However, not all financial advisors are looking out for...
