Hiring your lawyer on a contingency basis sounds like a great idea. Instead of forking over tens of thousands of dollars for a retainer and refreshing that retainer month after month after month, you simply sign on the dotted line and pay nothing. Well, nothing up front any way. Contingency arrangements allow you to hire […]
To prove undue influence, one of the four elements you must establish is the equity of the result. Evidence of the equity of the result may include, but is not limited to, economic consequences to the victim, any divergence from the victim’s prior intent or course of conduct or dealing, the relationship of the value […]
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So, are they frozen? No, trust assets are not automatically frozen when you file a trust contest lawsuit (or any other type of trust lawsuit). In order to freeze trust assets, you must file for a temporary restraining order and preliminary injunction. These are rarely granted but can be obtained in certain cases. Freezing assets […]
When it comes to trusts it can often seem like trustees are all powerful. But are they really? The answer may surprise you. So let’s discuss, how powerful is a trustee? On the one hand, trustees do have a tremendous amount of power over the trust and its assets. In legal terms, they are referred […]
A trust is a legal instrument used to convey assets from the creator of the trust (the “trustor” or “settlor”) to one or more beneficiaries. There are many reasons to establish a trust. A common trust in California is a revocable trust established to convey assets to heirs upon the settlor’s death and thereby avoid […]
Follow Trust Terms The trustee has a duty to follow the Trust terms. In other words, do as they’re told. May sound obvious, but it’s remarkable how often trustees seem to get that one wrong. It is a basic trustee duty that can be found at California Probate Code section 16000. Too often individual trustees will […]
Most law firms receive a high volume of calls every day from people who are seeking legal advice and/or legal representation. These things will help you in making the initial contact with a law firm: Have Your Documents Ready Lawyers often need to see documents to understand your case. For example, if you are calling […]
Demand Letter for the Copy of a Trust To: From: Date: Subject: Please Provide True Copy of California Trust Under California Probate Code Section 16061.7, the Trustee of a California Trust is required to provide all beneficiaries and heirs with a true copy of the Trust documents, including any amendments, 60 days after the settlor’s […]
It can be extremely difficult to witness a sibling (or other bad individual) negatively influencing an elderly parent and potentially interfering with your expected inheritance. Unfortunately, preventing another person from coercing an elderly parent be extremely difficult. The legal options available to intervene during the grantor’s lifetime are limited if the grantor is still cognizant […]
