Search for: "Estate of Giraldin"
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20 Feb 2013, 8:00 am
As I have previously discussed, the Supreme Court of California ruled in Estate of Giraldin that the beneficiaries of a trust can hold the trustee liable if the trustee breaches his or her duty to the settlor while the settlor... [read post]
18 May 2016, 3:04 pm
In re Estate of Giraldin (2012) 55 Cal.4th 1058, the California Supreme Court held that remainder trust beneficiaries have standing to sue a trustee, who was not the settlor, for alleged breach of fiduciary duties committed during the period of time when the trust was revocable. [read post]
5 Mar 2013, 10:03 am
The following California Supreme Court case illustrates that point.Estate of Giraldin (2012) 55 C4th 1058William Giraldin married Mary Giraldin in 1959. [read post]
20 Dec 2012, 12:12 pm
Perhaps because I only dimly understand trusts and estates, a class I never took in law school (nor studied in preparation for the bar).I instead just want to ask a question.The case is about a trust set up by William Giraldin. [read post]
5 Dec 2011, 12:05 pm
Giraldin, whose estate I discussed in an earlier blog post. [read post]
17 May 2013, 3:36 pm
A revocable living trust is a common estate planning device where a person, called a settlor, transfers his or her assets to a trustee, usually themselves. [read post]
26 Feb 2013, 11:51 am
In deciding Estate of Giraldin, the court concluded that, under California law, because the trustee's actions could harm the contingent beneficiaries and contravene the wishes of the deceased trustor, they had standing to sue. [read post]
3 Jan 2013, 10:30 am
Last October we wrote about the case entitled Estate of William Giraldin, where the Fourth District Court of Appeal held that beneficiaries of a revocable trust did NOT have standing to sue a Trustee for acts that occurred while the Trust settlor (the Trust creator) was still alive. [read post]
5 Mar 2016, 4:47 pm
Ginzburg & Bronhteyn, LLP, Trust Litigator and firm partner, Yasha Bronshteyn, attended the Elder Law Committee Presentation of the Trusts and Estates Section: Giraldin v Giraldin on February 25, 2016. [read post]
28 Apr 2014, 10:30 am
A revocable living trust may be a flexible yet durable estate planning tool. [read post]
28 Feb 2014, 12:00 pm
In the case In re Estate of Giraldin, the remainder beneficiaries sued the trustee for, they claimed, squandering the settlor’s savings and thereby depriving the beneficiaries of any remainder benefit from the trust. [read post]
23 Dec 2011, 1:19 pm
The Court of Appeal, Fourth District, Division Three, held in a published opinion, In re Estate of Giraldin (2011) 199 Cal.App.4th 577, that, during the settlor’s life, the trustee owed a duty only to the settlor and not to the trust beneficiaries. [read post]
24 Jun 2013, 1:04 pm
(Estate of Giraldin (2012) 55 Cal.4th 1058, 1065-1066.) [read post]
30 Aug 2012, 9:09 am
Estate of Giraldin: When the settlor of a revocable inter vivos trust appoints, during his lifetime, someone other than himself to act as trustee, once the settlor dies and the trust becomes irrevocable, do the remainder beneficiaries have standing to sue the trustee for breaches of fiduciary duty committed during the period of revocability? [read post]
29 Dec 2011, 11:37 am
The California Court of Appeals clarified in “Estate of Giraldin” when a beneficiary is entitled to an accounting and damages for breach of trust for actions taken while the trust creator is still living. [read post]
