Should a Trustee have one or two attorneys that represents them in a litigated trust matter? Let me give an example. You have a Trustee after Mom and Dad have passed away and the Trustee is administering the Trust as the Trust terms state. But, maybe the Trustee’s brother and sister don’t agree with the things that […]
There’s a significant difference between Estate Litigation Attorneys and Estate Planning Attorneys. Obviously, by definition, one type of attorney handles estate planning and the other type litigates over the enforcement of those plans. For example, if your parents want to create a Trust, Will, and Durable Powers of Attorney, they’re going to visit with an […]
We’ve addressed the issue of Trust and Will no-contest clauses several times in our blog posts and videos in the past, but we think it’s an important issue to keep people aware of what the legislation is in California pertaining to no-contest clauses. A no-contest clause is generally included in a Trust, Will, or both, […]
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 […]
Why can’t the judge see the case, see the lies and throw out the bad Trust amendment? Ultimately, the judge or jury will decide if you win or lose your case, but the court does not have the power to make a decision without first following due process. Our judicial system is based on due […]
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 […]
Somewhere out there is a common misconception that a revocable, living Trust cannot be contested in court. That’s false. You can go to the courthouse in any county in California today and find thousands upon thousands of Trust contest cases. By Trust contest case, we mean a lawsuit to try to invalidate or set aside […]
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 […]
