Estate and Elder Law

Recent Posts

Trust Law: The Trustee’s Duty
Posted on 12 May 2011 by California Trust Litigation

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

Trust Law: The Fiduciaries’ Investment Responsibility
Posted on 11 May 2011 by California Trust Litigation

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

Michael T. Flannery on Attorney Client Privilege and Native American Trusts
Posted on 12 Jul 2010 by Michael T. Flannery

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

Common Mistakes Made in Probate Court: You’re not in Civil Court Anymore!
Posted on 3 Jun 2011 by California Trust Litigation

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

Trust Law: The Fiduciaries’ Investment Responsibility
Posted on 11 May 2011 by California Trust Litigation

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

Trust Law: The Trustee’s Duty
Posted on 12 May 2011 by California Trust Litigation

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

Ask Liza: Paying Credit Card Debt As Trustee
Posted on 22 Jul 2015 by Liza Weiman Hanks

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

Margaret M. Hand on California Trustee's Duty to Account
Posted on 11 Jun 2012 by Margaret M. Hand

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 to Compel an Accounting from a Reluctant Trustee--and How a Trustee May Defend Such a Request
Posted on 2 Nov 2011 by Dawn Hall Cauthen

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

Contested Accountings and Attorneys Fees
Posted on 25 Aug 2011 by Peter K. Kelly

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

Margaret M. Hand on Aspects of the Uniform Principal and Income Act in California Regarding Trust Accounting
Posted on 9 Apr 2012 by Margaret M. Hand

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

McNees Wallace & Nurick LLC: Pennsylvania Supreme Court Changes Rule On Dual Commissions
Posted on 29 Aug 2012 by McNees Wallace & Nurick LLC

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

Naming a Trustee Is a Key Florida Estate Planning Decision
Posted on 15 Oct 2012 by Marc J. Soss

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

Contested Accountings and Attorneys Fees
Posted on 25 Aug 2011 by Peter K. Kelly

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

New California Case – The Proper Party to the Case Is the Trustee of the Trust, Not the Trust Itself
Posted on 13 Jan 2012 by Dave Tate

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

Tags: Trusts , trustees