A trustee, even one that has no person interest in a trust, can no longer take a position that favors one potential beneficiary’s interest over another’s. In the wake of Breslin v. Breslin (2021) 62 Cal.App.5th 801, where the trustee avoided any liability through taking a neutral position, Zahnleuter v. Mueller (Filed February 9, 2023; Certified for Publication March 7, 2023) 88 Cal.App.5th 1294, has further spotlighted the importance of the trustee’s neutrality. Mark A. Lester and Eric A. Hirschberg will discuss the potential dangers and consequences for a trustee who advocates for one beneficiary’s interest over a different beneficial outcome, which, in turn, changes the financial dynamics previously overlooked in trust litigation.
PROFESSIONAL FIDUCIARY ASSOCIATION OF CALIFORNIA
Education, Advocacy and Advancement for Professional Fiduciaries
Shifting to Neutral – The change in the courts view on Trustees Remaining unbiased in light of the Breslin v. Breslin and Zahnleuter v. Mueller
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- Shifting to Neutral – The change in the courts view on Trustees Remaining unbiased in light of the Breslin v. Breslin and Zahnleuter v. Mueller
About the Course
Member Price: $50.00
Non-Member Price: $70.00
CE / MCLE Awarded:
1.0
Presented Date: August 30, 2023
Attorney Mark A. Lester is an estate planning attorney with extensive experience in a succession planning, probate, trust administration, and trust and estate litigation. Mr. Lester has received an AV Preeminent rating from Martindale-Hubbell for maintaining the highest standards of professional and ethical excellence in the legal community.
Practice Areas:
- Estate Planning
- Probate and Trust Estate Administration
- Trust and Probate Litigation
Eric A. Hirschberg is a partner at the law firm of Lester, Schuck, Becker, Dehesa, & Hirschberg, L.L.P. and focuses his practice in the areas of trust and estate litigation, estate planning, probate, trust administration, business and corporate transactions, and entity formation.
Much of Eric’s practice focuses on litigation involving trust and estate disputes. Eric has earned a reputation in the legal community and with his clients for his ability to resolve difficult matters, participating in numerous successful mediations per year.
Practice Areas:
- Estate Planning
- Probate and Trust Estate Administration
- Trust and Probate Litigation
- Business Formation