Trustees and executors take on a big job. Sometimes they get off track and commit wrongdoing. There are ways to hold them accountable for this.

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Presented by

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SOMEONEWHOWISHESTO
LEAVEANINHERITANCE
NEEDSHELPFROM
ANEXECUTORORTRUSTEE
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These fiduciaries take on a big job, and
sometimes things go wrong. At Keystone Law
Group, we are skilled in helping clients hold
executors and trustees accountable for
wrongdoing that harms beneficiaries.

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IN THIS PRESENTATION WE WILL DISCUSS:
■ The difference between estate administration and trusts
in California
■ Factors that affect who to appoint or not to appoint as
trustee or executor
■ The role professional fiduciaries can play in handling an estate
■ Family dynamics as a possible cause of conflict
about inheritance
■ The duties that a trustee or executor takes on in their role
■ Common types of wrongdoing by executors or trustees
■ Legal options for challenges to such wrongdoing

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ESTATE ADMINISTRATION IS A COURT-
SUPERVISED PROCESS FOR HANDLING THE
FINANCIAL AFFAIRS OF SOMEONE WHO HAS DIED.
Many Californians, however, choose to have their
property pass to heirs through a living trust. These trusts
allow for property to transferred without court
supervision.

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CHOOSING THE RIGHT EXECUTOR OR TRUSTEE
DEPENDS ON MANY FACTORS.
Good organizational skills and judgment is important.
But it’s also important to recognize how sibling
rivalries or other family issues can affect the executor
or trustee’s work.

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IN CALIFORNIA, BANKS ARE NOT THE ONLY WAY TO
INVOLVE A PROFESSIONAL FIDUCIARY.
There are also individual private professionals who are
certified by the state to act as fiduciaries.

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UNRESOLVED FAMILY CONFLICTS OFTEN RESULT
IN DISPUTES OVER ESTATES AND TRUSTS.
For example, an adult child who takes on a large
caregiving role for a parent may feel entitled to a
greater share of the estate than other siblings.

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A TRUSTEE OR EXECUTOR HAS MANY DUTIES.
These duties include handling the property of an
estate or trust effectively and distributing it to
beneficiaries fairly according to a will, a trust or under
intestacy laws.
Personal representatives of an estate are generally
bonded. Trustees generally are not.

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COMMON TYPES OF WRONGDOING BY
FIDUCIARIES INCLUDE:
■ Embezzlement, fraud or theft from the estate or trust
■ Favoring one beneficiary over another
■ Wrongful expenditures and fees
■ Abuse of power
Such wrongdoing is more likely to happen with trusts than with
court-supervised estate administration.

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LEGAL ACTIONS AGAINST WRONGDOING BY BOTH
EXECUTORS AND TRUSTEES ARE POSSIBLE.
These actions include:
■ Compelling an accounting of trust assets
■ Removal of a fiduciary
■ Injunction against prohibited use of trust funds
■ Lawsuit to hold a fiduciary personally liable for damages

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LED BY FOUNDING ATTORNEY SHAWN KERENDIAN,
KEYSTONE LAW GROUP HAS HELPED HUNDREDS OF
CLIENTS RESOLVE CONFLICTS ABOUT TRUST OR
ESTATE ADMINISTRATION.
Mr. Kerendian and the team of
attorneys he supervises have the
specialized skills needed to hold
executors and trustees accountable
for wrongdoing that harms
beneficiaries.

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FREEWHITEPAPER
To learn more about your options for
choosing a trustee or executor and
holding them accountable for their
actions, please visit our website and
read our white paper.
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reserved. Design and editorial services by
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