By John A. Hartog This is part of our series of posts written by John A. Hartog of John A. Hartog, Inc. in Orinda, Calif., and Shirley L. Kovar of Henderson Caverly Pum Charney LLP, in San Diego, Calif.,co-authors of the LexisNexis® Matthew... Read More
By John A. Hartog This is part of our series of posts written by John A. Hartog of John A. Hartog, Inc. in Orinda, Calif., and Shirley L. Kovar of Henderson Caverly Pum Charney LLP, in San Diego, Calif., co-authors of the LexisNexis® Matthew Bender®... Read More
In this Analysis, Professor Michael T. Flannery addresses the "fiduciary" exception to attorney client privilege related to representing clients in their fiduciary capacity as trustees, specifically discussing the application of the fiduciary... Read More
By John A. Hartog & Shirley L. Kovar ( This is part of our series of posts written by John A. Hartog of John A. Hartog, Inc. in Orinda, Calif., and Shirley L. Kovar of Henderson Caverly Pum Charney LLP, in San Diego, Calif., co-authors of the LexisNexis®... Read More
By John A. Hartog This is part of our series of posts written by John A. Hartog of John A. Hartog, Inc. in Orinda, Calif., and Shirley L. Kovar of Henderson Caverly Pum Charney LLP, in San Diego, Calif., co-authors of the LexisNexis® Matthew... Read More
By John A. Hartog This is part of our series of posts written by John A. Hartog of John A. Hartog, Inc. in Orinda, Calif., and Shirley L. Kovar of Henderson Caverly Pum Charney LLP, in San Diego, Calif.,co-authors of the LexisNexis® Matthew Bender®... Read More
Dear Liza, My father passed away recently, and all of his and my mom’s assets are held in a living trust (except an individual checking account), of which I am now the Trustee. A few collection agencies are now contacting me about collecting on... Read More
A trustee's duty extends beyond liability for breach of a fiduciary duty. One of the trustee's primary responsibilities is to provide information and account to the trust's beneficiaries. Discharging this duty to account benefits the trustee... Read More
How do you advise a trust beneficiary who has repeatedly requested information from a trustee of a trust in which the beneficiary has an interest, only to be met with silence, delay, or incomplete and inconsistent responses? In this Analysis, trust litigator... Read More
When objections to a fiduciary accounting are sustained and the court imposes a surcharge or denies commissions or grants removal, it may also charge the legal fees of the fiduciary against the fiduciary individually for their misconduct. In other... Read More
California's adoption of the UPIA imposes on trustees the duty to invest and manage trust assets as would a prudent investor. Trustee are required to diversify trust investments, but may invest for total return following a modern portfolio theory... Read More
B y Kimberly M. Colonna For well over 60 years, Pennsylvania law has provided that, for trusts created before 1945, an entity that was paid a commission as the estate executor was not entitled to a trustee's commission paid from the principal of... Read More
Every Sarasota and Manatee County Florida resident leaving property and assets to their heirs at death, via a trust, must consider who will run the trust after they have passed away. The chosen fiduciary will be responsible for managing the assets the... Read More
When objections to a fiduciary accounting are sustained and the court imposes a surcharge or denies commissions or grants removal, it may also charge the legal fees of the fiduciary against the fiduciary individually for their misconduct. In other circumstances... Read More
By David W. Tate Portico Management Group, LLC v. Harrison (California Court of Appeal, Third District, Case No. C062060, December 28, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case... Read More