San Francisco North Bay, Ca. , California, USA
Trusts - Trust Services
Sonoma County, San Francisco North Bay, Ca. USA 
 

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It has been a common practice of American lawyers for the past 150 years or so to choose the law of

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 Massachusetts to govern the disposition of property conveyed in trust. In the absence of a nationally uniform law, their justification was that the courts of Massachusetts ruled on trust questions with far greater experience and authority than any other State (much like choosing corporate law in Delaware for your new firm). Nevertheless, unless the terms of the trust document are incompatible with public policy (creating a trust to advance a criminal enterprise, for example), the governing local law generally allows most trust agreements to be enforced according to their terms.

For example, some states require all trustee fees to be charged equally to principal cash and income cash. If the trust document directs otherwise, however, the law allows document language to prevail. Where a document contains obnoxious, unworkable, impractical, or outdated language, the beneficiaries and trustees have recourse to local courts having general jurisdiction in equity -- most commonly for a declaration or judicial construction or for reformation of the trust to bring it into compliance with the original intent of the settlor, or to deal with circumstances not imaginable by the settlor at the time the trust was created to make the trust cy pres or as close as possible to the original intent.

When the trustee or beneficiary needs interpretation of the trust document (often but not necessarily incident to a dispute) the local probate court judge is the place to get an answer. In the trust business one speaks of "docketing" a trust, i.e. taking it to the judge. When the judge is finished, the trust is then "undocketed."

 

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Len Tillem & Assoc - Leonard M Tillem  
846 Broadway, Sonoma, CA 707 579-3230

 
 Listings
 
Brian Holt Trustee
San Rafael, CA 415 317-1362

Byrnes Fiduciary Services
631 5th St, Santa Rosa, CA 707 526-6431

Fiduciary Advantage
PO Box 4062, San Rafael, CA 415 491-1133

Independent Fiduciary Services Inc
11 Hampton Ln, Novato, CA 415 892-7925

Jack Harper Personal Mgmt Services
2310 Northwood Dr, Santa Rosa, CA 707 577-0481


Marchi & Smith Assoc
311 Miller Ave # H, Mill Valley, CA 415 383-9777

Mechanics Bank
904 4th St, San Rafael, CA 415 460-6060

NORTHERN TRUST BANK OF CA NA
575 Redwood Hwy, Mill Valley, CA 415 381-5100

Professional Fiduciary Mgmt
1130 1st St, Napa, CA 707 255-5429

Redwood Trust Inc
1 Belvedere Pl # 300, Mill Valley, CA 415 389-7373

Specialized Services For Law
2544 Cleveland Ave # 206, Santa Rosa, CA 707 528-1364

Sprinkel Fiduciary Services
PO Box 5087, Larkspur, CA 415 461-2110

Support Services For Elders
1005 A St # 207, San Rafael, CA 415 456-8692

Timothy A Hoffman
Sebastopol, CA 707 823-2066
 
 
 
 
 
 
 
 
 

 

 
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