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Fiduciary Duty of Trustee California

[Summary]Breach of Trust & Fiduciary Duties in California | Hackard Law Hackard Law regularly assists trustees and beneficiaries in disputes where breach of trust and breach of fiduciary duties are alleged against a trustee or co-trustee by a trust beneficiar

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Breach of Trust & Fiduciary Duties in California | Hackard Law

Hackard Law regularly assists trustees and beneficiaries in disputes where breach of trust and breach of fiduciary duties are alleged against a trustee or co-trustee by a trust beneficiary.

The question that is often asked concerns what statutory remedies for a trustee or co-trustee's breach of trust apply in California probate courts? The following statute applies whether the case is in Sacramento County Probate Court, El Dorado County Probate Court, Placer County Probate Court, and Alameda County Probate Court or in any of the other 54 counties in California.

Trustee Breach of Trust | CA Trust, Estate & Probate Litigation

Department of Consumer Affairs Professional Fiduciaries Bureau

The Professional Fiduciaries Bureau was created by legislation that passed and was enacted into law in 2007 to regulate non-family member professional fiduciaries, including conservators, guardians, trustees, and agents under durable power of attorney as defined by the Professional Fiduciaries Act. Are You A Professional Fiduciary?

FIDUCIARY DUTIES AND BREACH

FIDUCIARY DUTIES AND BREACH - WHEN TRUSTEES AND REPRESENTATIVES GO BAD - PART 3

Remedies for Breach of Fiduciary Duty

There are several remedies a court can impose for breach of fiduciary duty, depending on the nature of the conduct, the financial impact on a beneficiary, and other factors. These will be discussed only generally, because the facts of each case will play a large part in the outcome. The remedies are not exclusive, and more than one may be imposed in any given situation.

2010 California Code :: Probate Code :: Article 1. Trustee's Duties In General

Fiduciary Duty of Trustee California

Applicants/Licensees

Frequently Asked Questions & Answers

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General Information

Q. Who is the Professional Fiduciaries Bureau?

A. The Professional Fiduciaries Bureau is a state agency created by the Legislature in 2006 to license and regulate private fiduciaries, including specified conservators, guardians, trustees, and agents under durable power of attorney for healthcare and finances.

Fiduciary Duty of Trustees | LegalMatch Law Library

Legal Topics > Finances > Wills, Trusts and Estates > Drafting Wills and Trusts

Fiduciary Duty of Trustees

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What Is a Fiduciary Duty?

A fiduciary duty is a legal relationship between at least two parties. The "fiduciary" is the party the duty is imposed on. The "principal" is the party that is owed the duty. Trustees have certain fiduciary duties when managing a trust. Since trustees are legal owners of the trust property, the trustee has a fiduciary duty to refrain from taking advantage of the legal ownership the trustee holds by using the trust property for his/her own benefit.

What Is Spousal Fiduciary Duty? | Bartholomew & Wasznicky LLP | Sacramento, California

By: Hal Bartholomew, CFLS and Beverly Brautigam, CPA

Reprinted from California CPA – Volume 73, No. 1, July 2004

If you are advising a spouse who is the decision maker – be careful. Generally, a husband and wife owe one another duties of mutual respect, fidelity and support. Failing to advise happily married clients about the fiduciary duty between spouses could result in penalties to one spouse and even future windfalls to the other spouse due to lack of disclosure.

Professional Fiduciary Association of California

WHAT IS A FIDUCIARY?

A fiduciary is a person who assumes responsibility for a position of trust.

In What Specific Roles do Fiduciaries Serve?
Fiduciaries serve by court appointment as guardians, conservators and personal representatives of estates. They also serve by agreement as trustees, representative payees or as agents under powers of attorney.

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