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Insights

Family & Trust Insights

9 articles

Property and fiduciary questions that arise in personal rather than commercial relationships: transfers made in contemplation of marriage, homes brought into a marriage, and the duties a California trustee owes the beneficiaries of a trust.

Practice area: Family Law and Related Areas →

Family Law & Property

Adding Your Fiancé or Spouse to Your Home’s Title in California: What Should You Decide First?

Decide what you intend to share, and when, before signing a deed.

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Family Law & Property

When Can a Gift Be Taken Back After a Breakup? How California Courts Decide Conditional Gift Disputes

A continuation of our section 1590 guide, for disputes already in progress: the evidence California courts examine, the two connections a claimant must prove, and how Lee, Stienback, Simonian and Reuter were decided.

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Family Law & Property

Can Gifts Be Recovered After a Breakup in California?

An introduction to California’s conditional gift statute: what section 1590 covers, when it applies, and why it reaches money and property rather than engagement rings alone.

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Trusts & Estates

Can a Beneficiary Remove a Trustee in California?

Learn the statutory grounds for removing a California trustee, why hostility alone may be insufficient, and what evidence can support a removal petition.

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Trusts & Estates

Can a Beneficiary Sue a Trustee in California?

Learn when a California beneficiary may petition against a trustee for breach of trust and what information, protective, financial, and removal remedies may be available.

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Trusts & Estates

How Can a California Beneficiary Compel a Trustee to Provide an Accounting?

Learn when a California beneficiary may request trust information or an accounting, what the accounting should contain, and how the probate court may enforce the request.

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Trusts & Estates

Can a California Court Suspend a Trustee Before the Removal Hearing?

Learn when a California court may temporarily suspend a trustee, protect trust property, appoint an interim fiduciary, and plan for successor administration.

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Estate Planning & Probate

Why Californians Use Revocable Living Trusts to Reduce Probate Cost and Delay

California’s statutory probate-fee schedule can make trust planning especially important for homeowners, but the trust must be properly funded.

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Trusts & Estates

What Damages Can a Beneficiary Recover From a Trustee in California?

Learn how California courts may measure trustee surcharge, recover improper profits, trace transferred trust property, and apply breach-of-trust deadlines and defenses.

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