The old switcher-oo can happen to just about anyone. That’s where the old Trust is abandoned for a new Trust. And the new Trust has entirely new provisions that leave everything to the bad actor. For example, let’s say your oldest brother has decided that he should receive the entire estate. Your father passed away […]
Challenging a Trust or a Trust amendment is hard work, but it can be made even harder if you cling to irrelevant myths that will not help you win your case. We want to start by dispelling a few myths before we actually get into the nitty-gritty of how to contest trust or trust amendment. […]
I want to welcome you to The Big Challenge. We’ve done a lot of videos over the years where we talk about things like lack of capacity, undue influence. These are legal grounds for overturning a trust or a trust amendment. But we’ve never put together a comprehensive course that goes from start to finish. […]
If you have been disinherited from a Trust, meaning you were named to receive a gift and then a new document removed you from the Trust, you are a “Have Not.” Have Not’s are typically children who were part of a long-standing Trust until either an amendment or a new Trust came along excluding them […]
Parents do not have to treat children equally in estate planning documents (Wills and Trusts). Under California Trust and Estate law, creators of a Will or Trust may leave their assets to whoever they wish, including non-family members. There is no requirement that parents provide equal treatment to their children under a Trust or Will. […]
If you are filing a lawsuit pertaining to an inheritance under a Trust or Will in California there are deadlines that must be followed. These deadlines are called statutes of limitation. A statute is a written law passed by the legislature. A statute of limitations is a law prescribing a time deadline for bringing each […]
How long should you wait for a Trust accounting? After the Trust creators (also called “Settlors”) pass away, beneficiaries can expect to wait between six months to one year for an accounting from the Trustee. The time frame depends on the nature of the assets and the terms of the Trust. A Trust accounting is […]
How do you know if you are a beneficiary of a Trust, and how much you are entitled to receive? The only way to know is to review the terms of the Trust document. However, that can be a problem at times when a parent refuses to share Trust document with you. Or worse yet, […]
Sometimes there is a disconnect between lawyers and clients on how likely they believe the case is to succeed, and the monetary value of the case. Why? Litigants typically don’t think of their case in terms of monetary value. Litigants think of their case as a set of bad, often hurtful facts that led them […]
How do you prove your case? If you are trying to invalidate a Trust or Will, you have the burden of proof, which is the legal obligation to prove your allegations in court. You must come to court with admissible evidence. Not all evidence is admissible in court. Certain types of evidence are inadmissible, which […]
