One of the benefits to hiring an attorney or law firm on a contingency fee basis is payment of the out-of-pocket costs. A contingency fee agreement is one where the attorneys agree to represent the client in return for receiving a percentage of the amount recovered for the client. For example, if the attorney recovers […]
Statutes of limitations are the deadlines by which you must file a lawsuit. We are seeing more and more people miss the filing deadline in the California Trust and Will Litigation arena. We think the reason this is occurring is because the statutes of limitations for Trust and Will issues are complicated. There is not […]
If you have a bad Trustee who mismanaged assets, misappropriated them, or just stole them, you may be wondering how to find the money. That is a good question, and not always easy to answer. Of course, much depends on how the money was taken, or whether the money was ever part of the Trust to begin […]
There are a few exceptions to a Trustee’s duty to provide you with a Trust accounting no matter what type of beneficiary you happen to be. Where the Trust Document Waives an Accounting. If the Trust document waives an accounting, then a Trustee does not have to provide an accounting. This is an important exception, so […]
What are the upsides and downsides of contingency fee agreements? It is important for you to know the benefits and detriments to hiring a lawyer on a contingency fee basis. By contingency fee, we mean paying a lawyer a percentage of the assets that the lawyer recovers for you in your lawsuit. The big upside is that […]
Contingency fee agreements give some beneficiaries access to legal representation when they otherwise would not have sufficient funds to pay a lawyer on an hourly basis. Typically, lawyers are paid based on their hourly rate. A lawyer will work so many hours a month on your case, and you pay them monthly based on that hourly […]
You’ve got questions? We’ve got answers! Join partners Keith Davidson and Stewart Albertson on Wednesday, October 24, 2018 for a live question and answer session! We will discuss current updates in trust and estate law, and answer your questions LIVE! For more information, CLICK HERE See you next Wednesday!
Under California financial elder abuse law, you must prove four elements to establish undue influence: (1) vulnerability of the victim, (2) apparent authority of the wrongdoer, (3) actions and tactics of the wrongdoer, and (4) an inequitable result. Two of these elements stand out over the rest: vulnerability and actions and tactics. Actions and tactics refers […]
Being named a successor Trustee does not necessarily obligate you to take action. While it is true that Trustees have a host of duties and responsibilities, those duties don’t arise until a Trustee agrees to act. Being named a successor Trustee in a Trust document does not obligate that person to act. If, however, the successor Trustee either […]
The most difficult undue influence cases in California occurs when you want to take action while your parent is still alive. You may believe that your parent is being victimized by a wrongdoer through the use of undue influence, but taking action is complicated. We refer to these cases as the difficult, can’t miss undue influence […]
