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Tag: trust

12
06 '17

The Limited Effectiveness of “No Contest” Clauses in California Trust & Estate Litigation

One of the biggest misconceptions in California trust litigation concerns the effectiveness of no contest clauses.  This article explains no contest clauses and their limited effectiveness in California trust and estate...
14
12 '16

Probate Code 16004.5: Release of Trustee’s Liability

At the conclusion of a trust administration, trustees sometimes ask beneficiaries to acknowledge receipt of their final distribution and release the trustee of liability. While seeking a release is permitted...
14
12 '16

Probate Code 15305: Support Creditor’s Claim Against a Spendthrift Trust

Many California living trusts contain a “spendthrift clause”— a clause designed to protect trust assets from claims made by a beneficiary’s creditors. Spendthrift provisions commonly include a “shutdown clause,” which...