One of the most painful and unfortunately common situations we see in California trust litigation is when a child, often a son or daughter, is appointed as trustee over their aging parents’ trust and then uses that position for their own personal gain. What begins as a role of trust and responsibility often ends in […]
Will contest cases are among the most complex matters in probate litigation. To challenge a will successfully, you must assert a valid legal ground, most commonly lack of capacity or undue influence. Proving either of these claims requires gathering compelling, admissible evidence, and that usually includes taking multiple depositions. In most will contest cases, you […]
When an adult is no longer able to manage their finances or protect themselves from undue influence, the court can step in and appoint a conservator to act on their behalf. This legal process is known as a probate conservatorship, and the person being protected is referred to as the conservatee. Conservatorships have gained public […]
In California probate and trust litigation, few issues stir up more confusion and litigation than the rights of a surviving spouse who is left out of a will or trust. These individuals are often referred to as “omitted spouses,” and the law generally provides them with a share of the estate. But not always. This […]
The answer depends entirely on the terms outlined in the trust document. In most cases, when the grantor (also known as the settlor) of an irrevocable trust passes away, the trust either terminates and distributes the assets or continues to hold them in trust for the beneficiaries. The trust document will clearly state what should […]
When news surfaced of conflict within the late Jimmy Buffett’s $275 million estate, we were already preparing a video. The story had all the markers of a high-stakes trust dispute: a surviving spouse raising concerns, a professional trustee under scrutiny, and adult children with major assets on the line. It’s exactly the kind of complex […]
Yes—you can contest the validity of a trust or trust amendment in California, but only if you have legal grounds to do so. You cannot challenge a trust simply because you are unhappy with the outcome. The law provides specific circumstances under which a trust may be invalidated. Here are the four most common legal […]
If you’re receiving an inheritance through a trust or a will, you might wonder whether hiring a lawyer is necessary. The short answer is: it depends on your situation. In addition to this blog, watch our video dicussing whether or not you may need to hire or at least consult a probate attorney. When You Don’t Need […]
Can a Trustee Face Criminal Charges in California? Trustees in California have significant responsibilities. They are legally obligated to follow the terms of the trust and act in the best interests of the beneficiaries. When they fail to meet those duties, beneficiaries can bring a lawsuit for breach of fiduciary duty. But what about criminal […]
If you’re a beneficiary involved in a dispute over a trust or will, consulting with an attorney is an essential first step. The good news? Many trust and estate attorneys offer free consultations to evaluate your case. However, knowing how to approach that consultation can make all the difference in whether an attorney takes on […]
