Lawsuits are expensive. Each party in a lawsuit must bear their own attorneys’ fees. In California, parties to litigation should not expect to recover their fees from the opposing party. The average lawsuit takes 2-3 years to resolve. Below is a list of the types of attorney’s fees, along with their benefits and risks. FLAT […]
Being removed as a beneficiary of a Will or Trust can be emotionally painful for all involved. There are several types of disinheritance. The most extreme example of disinheritance is full/complete disinheritance. What is Complete Disinheritance? Complete disinheritance happens when a Will creator (“Testator”) or Trust creator (“Grantor” or “Settlor”) amends or changes a previously […]
Under California law, a decedent’s family members (even the decedent’s children), are not necessarily entitled to receive an inheritance. A California resident may create an estate plan (a Will or Trust) and may leave their assets to whomever they wish (even non-family members). The decedent may also own other assets that are not subject to […]
A trust contest is a lawsuit that challenges the validity of a trust. In the state of California, if you wish to contest an irrevocable trust, you must file a petition with your local probate court for the purpose of setting aside or modifying the trust. We will explain how and why one might choose […]
If you are considering setting up a trust, or you are the beneficiary of a trust, it is important to understand the role of the trustee. The trustee is the individual or institution that holds and manages the assets of the trust. The main duties that a California trustee must perform are below: Duty to […]
As a beneficiary of a trust in California, you may have the right to file suit against your trustee if they fail to properly manage the trust. These lawsuits are often complex and require extensive legal knowledge, but understanding the types of claims available can help you determine if you have a potential case. Here’s an overview of the types […]
Administering a trust in California consists of multiple steps that can take months, or even years (depending on the nature and complexity of the trust assets). Here is what you can expect with obtaining financial information to determine the value of your share of trust assets, and how long it may take to finally receive […]
One of the primary ways wealth is built in our society is for one generation to pass on money and property to the next. A stolen inheritance can jeopardize your financial future and possibly your children’s future. In the event that someone misappropriated money or other assets you expected to inherit, legal actions can be […]
We’re Still in Business – Taking Calls and Emails Daily Albertson & Davidson, LLP is still operational and able to take your calls and respond to your emails. Our world has largely transitioned to video conferencing using Teams or Zoom. We conduct a majority of our client meeting using video conferencing. We are able to […]
Every Trust has written direction to the Trustee that sets forth how the Trust assets must be distributed to the Trust beneficiaries. Sometimes the assets are set to pass “outright and free of trust.” That just means the beneficiaries receive the assets in their own name. For example, if the Trust has 100 shares of […]
