Many times, a Trustee will get themselves into trouble because they will take some action that is a conflict of interest. A Trustee is a fiduciary of the Trust. That means that they owe a duty to the Trust and to the Trust beneficiaries to treat them fairly, to do the right thing. And one […]
How do you handle bad trustees? We do many, many consults with clients where they come in and say: “I’m the beneficiary of a trust, I have a right to these assets, and the trustee’s refusing to distribute those assets to me; what am I to do?” Many people think that we, as lawyers, can […]
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 […]
How do you handle a bad Trustee who refuses to communicate with you? One of the biggest problems we see for Trust beneficiaries is that their Trustee simply doesn’t communicate with them. The Trustee may not tell you what the assets of the Trust are, may not explain what the investments are, may refuse to talk […]
How hard is it to obtain your California inheritance? That’s really a loaded question because our law firm deals primarily with clients who have a difficult time obtaining their inheritance. That’s why they come to us because they have some sort of problem that is preventing them from getting the money that they deserve – […]
Must you always go to court to receive your inheritance under a trust? For example, say that you’re the 50% beneficiary of a Trust, but the Trustee refuses to distribute your assets to you. It’s been three years since your Mom or Dad passed away and there’s no reason for your sibling, the Trustee, to […]
How do you get your inheritance in California? That can be a confusing question because it really depends on the type of assets you are inheriting. You may be receiving assets from a Trust, Will, life insurance, paid-on-death account, joint tenancy account, or others. Each asset has its own set of rules for how it […]
Occasionally we see cases where a parent leaves all of their assets to a child with the understanding that the child will share the assets with the siblings. For example, a parent may name one child as a joint tenant on a house or bank account, and then expect that the asset will be shared […]
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 […]
Many times clients will tell us that their mom, dad, grandmother, whomever would never have disinherited them and everybody knows that to be true. Why isn’t that enough to overturn a Trust or Will? The answer lies in the type of evidence you must provide to the court if you want the court to overturn […]
