Promises, promises. Has anyone ever promised to leave you something after they die? Did they make that promise because you agreed to help them or take care of them leading up to death? If so, you may be able to enforce that promise when the time comes if you are left out of the Will […]
If you have a Trust or Will matter that has problems, do yourself a favor and take action quickly. How quickly? That depends on the type of claim you are bringing. The problem with Trust and Will lawsuits is that they are subject to a confusing morass of statutes of limitation that could potentially sink […]
Trust and will cases are heard in Probate court and there are some strange rules that apply. The rules can be hard to master because some rules for filing and pleadings are contained in the Probate Code while others are taken from the Code of Civil Procedure. This hybrid of rules makes for a lot […]
Ask most lawyers in California how hard it is to prove up an undue influence claim in a Trust Contest or Will Contest. The answer is likely to be that it is difficult to prove undue influence in these types of cases. But that’s most likely due to these lawyers thinking about proving an undue […]
Under California Probate Code section 21700 a Decedent can make an enforceable oral contract to make a California Will or California Trust. Here’s how this situation usually arises. There is an older family member—we’ll call him Tom—who needs some additional care for the last few years of his life. Tom reaches out to his best […]
Let’s face it, lawyers have bad reputations, including being greedy opportunists, lazy, driving sports cars, and not really caring about their clients’ needs. I think part of that has to do with the surrounding circumstances—almost always bad—when it comes to hiring a lawyer. But our not so good reputations also come from not properly setting […]
I get calls every week from Bay Area Trust, Last Will, and Estate beneficiaries complaining that they can’t get their brother or sister, who is the Trustee and Executor of their parents’ estate plan, to provide copies of the parents’ estate plan after the parents have died. In response to these calls, I usually suggest […]
Trust and Will Contests in Probate Court Traditionally Trust and Will beneficiaries who have been written out of their parents’, family members’, or friends’ Trust or Will were limited to filing a Trust Contest or a Will Contest in a Bay Area Probate Court of the county where the parent, family member, or friend died. […]
I’ve been planning to write more this year about California Trust, Will, and Probate litigation. But I’ve been hesitant to do so because: This is a very complex area of the law involving even more complex fact scenarios, which may or may not apply to a particular case. I’m worried that I may not be […]
So you want to contest a parent’s Will? You better be ready to argue (and support with evidence) one of the following grounds: Lack of Capacity. To create a San Diego Will, you need to know (1) the nature of your property—a brief description will do—(2) your relation to family members, and (3) the fact […]
