For purposes of undue influence, a person may be considered to be vulnerable (or susceptible) to undue influence based on incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency. These factors in conjunction with whether the influencer knew or should have known of the alleged victim’s vulnerability, play a role […]
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 […]
A last will and testament is central to estate planning. It provides legal documentation of your wishes after your death and/or if you become incapacitated. A valid will directs how property held by a decedent’s estate will be distributed after his or her death. Often, as part of estate planning, an individual or a couple […]
Arbitration is an alternative dispute resolution process that is less expensive than going to court. It is also private. Trust disputes aired in court are generally a matter of public record. In arbitration, the parties to a dispute present their case to an impartial third party — an arbitrator —who makes a binding decision. Many […]
When a parent dies, a child who finds out their parent’s will does not treat them similarly to how it treats other heirs may have reason to contest the will in probate court. Any interested party – not just children of the deceased – can contest a will in California by moving immediately after the death to […]
A trust contest is a lawsuit that challenges the validity of a trust. In the state of California, if you wish to contest an irrevocable trust, you must file a petition with your local probate court for the purpose of setting aside or modifying the trust. We will explain how and why one might choose […]
In our modern age, texts and emails can be a benefit or a huge detriment to your Trust litigation case. There are times when the written word will back up your story, and then there are times when we send texts or emails that don’t look so good in the light of day. We’ve all […]
If you are a beneficiary of a Trust in California, you have legal rights. Below is a list of some of a California Trust beneficiary’s basic rights. Obtain Copies of Trust Documents Trust beneficiaries are entitled to receive copies of the Trust documents. Beneficiaries should receive copies of the Trust when either: The Trust (or […]
You must have evidence if you want to win at trial. But what is evidence? There are three types of evidence: facts, witnesses, and documents. And most facts will be introduced at trial through either a witness or a document, or sometimes both. Evidence further comes in two broad varieties: direct and circumstantial. Direct evidence […]
How do you hire an attorney when you need help dealing with a bad Trustee? Trustees have access to all the Trust resources, while beneficiaries do not. As a beneficiary, you cannot withdraw money from a Trust bank account to pay for legal services. So what are you to do? You have two choices: (1) […]
