How do you prove your case? If you are trying to invalidate a Trust or Will, you have the burden of proof, which is the legal obligation to prove your allegations in court. You must come to court with admissible evidence. Not all evidence is admissible in court. Certain types of evidence are inadmissible, which […]
Many people aren’t familiar with our court system and how lawsuits work. For that reason, we wrote a book called Your Lawsuit. This book is an overview of the general litigation process in California. This book walks you through the different phases of your lawsuit. Below is a brief overview of the phases of a […]
If you are trying to overturn a Trust or Will (or an amendment to a Trust or Will), you will find that your relationship with the decedent is going to be a big issue in your case. But what does it matter if you had a good relationship with the decedent? Legal Grounds for Overturning […]
When is it worth it to sue for your inheritance? Lawsuits can be expensive, time consuming, and emotionally draining. But there are two big issues involved in every Trust and Will lawsuit: principle and money. By principle, we are referring to what is right and what is just. Of course, we all know that life […]
Undue influence is when a bad person exercises their power over and elderly person and gets the elderly person to give them extra assets, or to cut the other beneficiaries out. The problem that undue influence is generally difficult to prove directly. Generally, a person will not admit they coerced someone into changing a Trust […]
Is it legal to name a caregiver as a beneficiary of a Trust or Will? The answer is… maybe. Here are the things you need to know about naming a caregiver as a beneficiary of a Trust or Will in California: When a Caregiver is Named as a Beneficiary of a Trust or Will, A […]
You may find this surprising, but in California, children do not have an automatic right to inherit their parents’ assets. And you’re not alone – a lot of people are surprised about that. They’ll call up our office saying a bad actor changed the Will or the Trust and somebody else is getting the assets, […]
There’s a difference between the lawyer who represents the Trust that you’re a Beneficiary of and the lawyer that represents Beneficiaries. A very big difference. And the reason there is sometimes confusion is because somebody becomes the Beneficiary of their parents’ Trust and they believe they can call the attorney who’s handling the Trust Administration […]
Should a Trustee have one or two attorneys that represents them in a litigated trust matter? Let me give an example. You have a Trustee after Mom and Dad have passed away and the Trustee is administering the Trust as the Trust terms state. But, maybe the Trustee’s brother and sister don’t agree with the things that […]
In California, most of our Trust laws, the laws that apply to Trustees, to Trust Administration, and to the distribution of assets to Beneficiaries, can be found in the California Probate Code. You can find the California Probate Code by going online and searching Google for California Probate Code. One of the websites you’ll find is […]
