You ask for it. Well let’s assume that you have already asked for a copy and someone says no. Then it all depends on whether your mom or dad is still alive, and whether you are a beneficiary of the Trust. For starters, if your parents create a revocable, living Trust during their lifetimes and they are […]
As lawyers, we have heard many people tell us their version of events that led up to a wrongly created Trust or Will. And one of the main issues we try to determine is whether there are facts to support an undue influence claim. Overturning a Will or Trust based on undue influence is not so […]
What rights does a step-mother have to the property of your father? That can be a challenging question to answer because it all depends on how your father planned his estate (or how he failed to plan). While you may think that your father’s assets should go to you after his death, that may not […]
You can take any legal action you like in California court on your own, if you choose to do so; provided that, you’re not acting as an Executor, Trustee, or agent (all of which must be represented by lawyers in court). The problem with representing yourself in court is the complexities of California Will contest cases. The […]
Wills and Trusts are vastly different types of documents. They may seem similar in some respects, but they are more different than they are similar. What is a Will? For starters, a Will is a “testamentary” document meaning it must meet certain formalities to be a valid document. All Wills must be in writing, signed by […]
Should I Fight My Relatives Over An Estate Even If It’s Worth Very Little? Probably not. There are two equally powerful issues you must consider when contesting an estate: (1) principal, and (2) money. By principal, I mean fighting for what is right, for what is just in your case. And of course, money simply means the […]
The short answer is twelve to thirty-six months or more. But the specific answer varies widely based on the circumstances you confront in your case. It can take far longer than you like to resolve your Trust or Will litigation case. And there are a few factors that affect the length of your case. The […]
Contesting wills and trusts can be difficult because each document operates under a different set of rules. And each document has a different statute of limitations for contesting it. Timeline for California Will Contests You really cannot contest a California Will until someone offers the Will to be admitted into probate. Under California law, a Will […]
Yes, provided that relative has standing to sue. Any family member (or past beneficiary) who has been excluded from your Trust or Will can fight for inclusion after you die. But to do so they first must have standing. To have standing means they are an heir or prior beneficiary of yours and they have […]
The short answer is no. If you are named as the only heir to your parent’s estate, then you win—and all the excluded children lose. You do not owe them anything. Or at least, that is how it should work…in theory. But many cases are not that easy because the excluded children often do not […]
