When Trust or Will terms cannot be discerned by the way in which they were written, the court must follow the interpretation rules set out in the California Probate Code. One of those rules is found at Section 21121, which requires the Court to read the Trust or will document as a consistent whole. What […]
When a Court is asked to interpret a Trust or Will document, one of the primary rules of interpretation is Probate Code Section 21122, which requires that all words used in a Trust or Will be given their ordinary meaning. That seems like an obvious rule—shouldn’t all words be given their ordinary meaning? But funny […]
Imagine you were going to be given a specific gift of a house. You liked the house, maybe you grew up there. You could use a place to live and you look forward to having a place of your own. But then the house is sold by your parent and turned into cash, where it […]
In the world of Trust and Wills, some gifts are better than others. I don’t mean monetarily (of course $1 million is better than $1 thousand), but I mean the type of gift being given. There is a hierarchy of gifts—a pecking order if you will. Specific gifts are at the top of the heap. […]
In our last post, we described California’s creation of Transfer-on-Death Deeds (“TOD Deeds”). And while TOD Deeds could prove a useful tool when used properly in estate planning, they also can lead to additional problems and headaches. So what action must you take if you fall victim to a bad TOD Deed? TOD Deeds fall […]
In our last post we discussed the newly created Transfer-On-Death Deeds (“TOD Deeds”); now time for a few problems. There are two main problems created by California’s new TOD Deed rules. First, someone wanting to legitimately use such a deed has to understand all the technical rules that must be followed, and then follow them. […]
Starting this year there is yet another way to pass property by avoiding probate: Transfer on death deeds. Transferring real property without having to go through probate sounds great, but there are a few strings attached. In the past, people have commonly used joint tenancy deeds to pass real property without having to go through […]
It can be hard to convince and judge or jury to rule in your favor unless you have a good back-story. That means a good reason why someone would have left you assets had they not been unduly influenced. In this video, partner Keith A. Davidson describes the need for a good story to go […]
The Law can be a powerful tool when used wisely. The law is there for a reason, to settle disputes, right wrongs, and help with an orderly flow of rights. The problem is that fewer and fewer lawyers are relying on the power of law. With trial dates hard to come by, and fewer lawyers […]
Representing families can be tricky business because conflicts of interest for a lawyer can arise when and where you least expect it. Yet other times a conflict may not be present even where it appears there should be one. This can be explained by looking at the interests involved. Generally speaking, under rule 3-310(c) of […]
