Part 1: What Happens First The worst has happened. Your mother has passed away, and soon after, a copy of her Trust arrives in the mail from the Trustee. The cover letter says you have 120 days to contest the Trust, and enclosed is a copy of the trust instrument and a trust amendment. You […]
Contesting a will is a complex process that requires specialized legal expertise. This guide outlines the key grounds for contesting a will in California and explains the steps you should consider if you believe a loved one’s final wishes were not properly honored. Understand the Two Main Categories for Contesting a Will 1. Formal Defects (Formalities) […]
Imagine this: you’re supposed to inherit $1.5 million from your parents’ trust. You’ve waited patiently, only to discover the trustee hasn’t been doing their job — or worse, has mismanaged trust assets. So you hire a lawyer and file a Petition in probate court asking the judge to step in. You’re not trying to overturn […]
Irrevocable trusts are powerful tools in advanced estate planning. They offer significant advantages for tax planning, multi-generational wealth transfers, and beneficiary protection. However, when it comes to shielding your own assets from lawsuits, the protections are limited, particularly under California law. Let’s take a closer look at how irrevocable trusts work, and when they can […]
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 […]
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 […]
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 […]
Ask 2 Lawyers: Your Go-To Legal Podcast Have a legal question that’s been on your mind? Join us every Friday at 1pm pst/4pm est for Ask 2 Lawyers, our live podcast on YouTube, where two experienced attorneys tackle your toughest legal dilemmas in real time! Hosted by the team at Albertson & Davidson LLP, our […]
There may be nothing worse than having to fight for what is rightfully yours. As a trust beneficiary you are entitled to one thing above all else–trust distributions. Some trusts mandate distributions as “outright and free of trust” (meaning distributions now), some require assets to be held in trust until a certain age, and some […]
