When Does a Family Member Need a Conservator or Guardian?

A guardian is appointed to take care of most non-monetary (and often times monetary) decisions for someone who is not able to do this themselves, while conservators are appointed to handle only the actual monetary decisions of someone not able...

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The Burden of Proof on Fiduciaries

The three main elements of a fiduciary breach case are: 1) a breach, 2) a loss, and 3) that the loss was caused by the breach. Unfortunately for breaching fiduciaries, they’re often the ones who have to prove that there...

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Can You Avoid Fiduciary Liability?

In the case of White v. Chevron (N.D. Cal 2016), the plaintiffs alleged breaches of its fiduciary duty for not choosing proper investments for plan funds, by choosing to invest in funds that performed poorly, and cost high management fees. The District...

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The Duties of Conservators and Guardians

Guardians and conservators are appointed to the incapacitated, the elderly, the disabled or minors to care for the affairs and needs of these wars. But what are the specific duties of a guardian and a conservator? And how do they...

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How a Court Appointed Guardianship is Established

Some people may be too young, mentally unfit, or physically unwell to be able to make financial or legal decisions. They may not be able to fully understand the ramifications of their decisions and what factors are really at play,...

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What are California Partition Actions?

Sometimes when multiple people own a single piece of real property in California, usually in the form of land or buildings, there may be disputes regarding said property. Whether this dispute is over use or share of the property or...

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What are Referees and What Do They Do?

Oftentimes there can be disputes between co-owners of land or buildings that can’t be resolved by negotiation or mediation. Their ownership interest in property can then be partitioned in a partition action. But who handles this partition of the real...

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Receivers vs. Trustees in Bankruptcy

Both receivers and trustees are involved in bankruptcy, but only certain types. Receivership is both a feature of Chapter 11 bankruptcy, which is used for reorganization of a business entity under the United States bankruptcy laws, as well as a...

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What Happens if My Parents Die Without a Will?

It's not uncommon for a family member to pass away without a will. Whether it's because they don't want to confront the end of their life approaching or simply don't think they have enough assets to make preparing a will...

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What is a Trustee?

Trustees can do a number of different things, but an easy way to describe what they do would be that they are fiduciaries who oversee the day to day management of assets placed in a trust. A trustee doesn’t have...

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