Legal Question in Wills and Trusts in California

WELL KNOWN LEGAL EXPERT Who Protects Beneficiaries

Dear LawGuru, In your practice, you may be aware of the foremost legal experts in your field, known among judges and legal community for protecting beneficiaries against an unscrupulous successor Trustee. I am interested in knowing of the attorney(s) that you have heard of who are considered the strongest and most successful in their field in the area of Trusts, most beneficial would be if they were located in or near Los Angeles or within 80 miles North. I�d be grateful if you could mention a few names. Also, is there a way to file a Motion with the judge to put a stay on the Trustee's excessive spending, using the families' Trust funds to pursue an action against a beneficiary that is against the parents' wishes? Both parents are conservatored, and the financial conservator has done nothing to stop it, and is funding it. What I am trying to find out is, is there any law on the books or Bill that prevents a trustee from spending money like water, trying to pursue a baseless claim, prior to the claim being shown false? It makes no sense to me that they could spend carte blanche leading up to no evidence. If we dry up the well, the trustee will drop his claim, currently he just makes money. How can there be no cap?


Asked on 9/09/04, 10:22 am

2 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: WELL KNOWN LEGAL EXPERT Who Protects Beneficiaries

An attorney in our office, Anthony Grossman reviewed your email and requests you contact him so he can provide you with action details and a "game plan" for resolution.

He is at 626-578-0708, you can also review our firm's site at www.No-Probate.com

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Answered on 9/09/04, 2:48 pm
Scott Schomer Schomer Law Group

Re: WELL KNOWN LEGAL EXPERT Who Protects Beneficiaries

Trustees and conservators have fiduciary duties to manage an estate to protect the interests of the beneficary or conservatee. This person can be removed and/or surcharged if he or she is not honoring this duty. Conservator fees are determined by the court and trustee's fees are measured in relation to the trust instrument and customary standards. If you believe that this person is abusing his or her privileges, you should contact an attorney as soon as possible.

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Answered on 9/09/04, 4:06 pm


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