What options do you have when one of your siblings is isolating one, or both, of your parents? Well, you have two options. The first option is to file for conservatorship. And the second option is to do nothing. And, sometimes, that second option is the best option to take. Filing a Conservatorship Petition Let’s […]
What is the difference between lack of capacity and undue influence? We talk a lot about these concepts on our videos, our blog, all of our websites, because it really is the most important part of a Trust or Will contest. We’re almost always bringing a claim to try to overturn a Trust or Will […]
We have used the term abused beneficiary for many years now. When we refer to an abused beneficiary, we mean a Trust or Will beneficiary that has been denied their rightful inheritance in some fashion. There are two main types of abused beneficiaries, which we refer to as vested and non-vested beneficiaries. Vested Beneficiaries: Recognizing […]
One of the benefits to hiring an attorney or law firm on a contingency fee basis is payment of the out-of-pocket costs. A contingency fee agreement is one where the attorneys agree to represent the client in return for receiving a percentage of the amount recovered for the client. For example, if the attorney recovers […]
Statutes of limitations are the deadlines by which you must file a lawsuit. We are seeing more and more people miss the filing deadline in the California Trust and Will Litigation arena. We think the reason this is occurring is because the statutes of limitations for Trust and Will issues are complicated. There is not […]
Under California financial elder abuse law, you must prove four elements to establish undue influence: (1) vulnerability of the victim, (2) apparent authority of the wrongdoer, (3) actions and tactics of the wrongdoer, and (4) an inequitable result. Two of these elements stand out over the rest: vulnerability and actions and tactics. Actions and tactics refers […]
The most difficult undue influence cases in California occurs when you want to take action while your parent is still alive. You may believe that your parent is being victimized by a wrongdoer through the use of undue influence, but taking action is complicated. We refer to these cases as the difficult, can’t miss undue influence […]
The short answer is twelve to thirty-six months or more. But the specific answer varies widely based on the circumstances you confront in your case. It can take far longer than you like to resolve your Trust or Will litigation case. And there are a few factors that affect the length of your case. The […]
It can be hard to convince and judge or jury to rule in your favor unless you have a good back-story. That means a good reason why someone would have left you assets had they not been unduly influenced. In this video, partner Keith A. Davidson describes the need for a good story to go […]
California financial elder abuse is one of the fastest growing problems in our society. As the Baby Boomer generation ages, they become increasingly more susceptible to financial scams. But not all financial scams are done by strangers. All too often it is those closest to an elder who do the most damage. How do you […]
