Lawyer, Acting as Trustee, Challenged for Self-Dealing
DECEMBER 3, 2012 VOLUME 19 NUMBER 44 One of the great advantages of a trust can be the ability to bypass court supervision and review. One of the great disadvantage of a trust can be that it bypasses court supervision and review. A recent California Court of Appeals decision highlights the problem nicely — and […]
Conservator’s Self-Dealing Set Aside Despite Court Approval
OCTOBER 2, 2000 VOLUME 8, NUMBER 14 If an individual becomes incapacitated someone must take responsibility for his or her business affairs. That may mean the appointment of a conservator (in some states, “guardian of the estate”) by the court. Sometimes the individual will have had the foresight to establish a trust, or at least […]