Is The Trustee still the legal owner of the Trust asset after he or she breaches his or her fiduciary duties ?
Yes. If there was a breach you need a court order to remove the trustee. You need to consult with an attorney.
Camarillo, CA
Bankruptcy and debt Lawyer at Camarillo, CA
Practice Areas: Bankruptcy & Debt, Trusts, Intellectual Property
Yes. If there was a breach you need a court order to remove the trustee. You need to consult with an attorney.
The trust is NOT an enity. The real party in interest (the person who sues or is sued) is the trustee. The Trustee holds the trust assets in...
It sounds like you are describing a trust distribution, which does not require probate. you need to consult with an attorney.
I don't understand your question. Pay increase after you file a chapter 7 should not change your chapter 7. Something is missing in your facts.
The discharge does not dismiss the case. I have seen Ch7 cases go on for years after discharge. Your question does not provide enough...
Yes. a petition to remove the trustee for breach of fiduciary duty. I strongly suggest you retain an experienced trust attorney to litigate.
TRUST Prepare a Trust. With a trust there should be no court filings. the cost of preparing a trust will save many thousands in probate fees. ...
I would be a bit more aggressive. Beneficiaries have no obligation to accept a gift, they can waive the gift. I would send a letter, certified...
The settlor of the orginal trust can do a restatement of trust. If the settlor is no longer living, find a good probate attorney.
Danger, you are approaching a mine feild of expensive and irreversable tax reassesment issues. You need to consult with an experienced probate...