Every Trust and Will contest requires sufficient evidence to present in court. And if you are the contesting party, then it is your burden to meet the burden of proof required by California law. That means you have the burden to go out and find evidence to support your claims. There are three sources of documents […]
You ask for it. Well let’s assume that you have already asked for a copy and someone says no. Then it all depends on whether your mom or dad is still alive, and whether you are a beneficiary of the Trust. For starters, if your parents create a revocable, living Trust during their lifetimes and they are […]
Some firms say their goal is to be (or become) the “premier firm” in whatever field they happen to practice. I think this is a terrible goal, and I’ve never really understood it. How do you know if you’re the “premier” firm, what does “premier” even mean? That’s not our goal. The problem with wanting to be […]
It can be hard to distinguish between influence and undue influence. People influence each other every day, but that does not make it undue. Undue influence is far more sinister. Legally speaking, undue influence means the complete replacement of the victim’s intent with the intent of the wrongdoer. Instead of a document reflecting what I want, it […]
What rights does a step-mother have to the property of your father? That can be a challenging question to answer because it all depends on how your father planned his estate (or how he failed to plan). While you may think that your father’s assets should go to you after his death, that may not […]
You can take any legal action you like in California court on your own, if you choose to do so; provided that, you’re not acting as an Executor, Trustee, or agent (all of which must be represented by lawyers in court). The problem with representing yourself in court is the complexities of California Will contest cases. The […]
Don’t you believe it. This may be one of the oldest arguments in the book. Siblings often argue that whatever mom and dad gave you during life belongs to the estate. Or a closely related argument: we are going to count your lifetime gifts against your share of the estate. It really is all the same thing, siblings hate […]
Easy, just go to the court in the California County in which your loved one lived at the time of their death and ask for a copy because every Will is required by law to be lodge with the court after death. Just kidding, people rarely lodge a Will with the court even though the law […]
How do you protect a parent who you think is being abused by the Trustee of a revocable trust or some other bad actor? You might think that your parent lacks capacity to manage their own financial affairs, or perhaps you think they are subject to undue influence and being manipulated. The problem with revocable trusts […]
After handling many hundreds of Trust and Will contest cases, we can tell you that disinheriting a child is not about the money. Well, it is about keeping money from them, but the child sees it as so much more. Distrust, betrayal, danger, a lack of love or approval; these are just some of the […]
