Trust and will cases are heard in Probate court and there are some strange rules that apply. The rules can be hard to master because some rules for filing and pleadings are contained in the Probate Code while others are taken from the Code of Civil Procedure. This hybrid of rules makes for a lot […]
As if Trust law wasn’t confusing enough already, here’s a little known twist on how to change or simply terminate your revocable Trust. Once a revocable Trust is created, you retain the power to either amend the Trust and change its terms around, or to terminate the Trust altogether (referred as revoking the Trust). But […]
1. Preparation, preparation, preparation Trial is hard work because you have to be prepared. Preparing witness outlines, documents, and other evidence takes more time than you might imagine. Especially when you have deposition transcripts that you want to use because you really need to reference the page and line numbers for the favorable testimony so […]
You know what your parents wanted, but why does the law of Wills and Trusts make it so hard to obtain the right result? There’s a notion in the law that whatever a person creates, whether it be a Will, Trust, joint tenancy accounts, or joint tenancy titling of real property, it is what that […]
It’s all in the circumstances. Proving undue influence can be a tricky thing to do, especially since the person who was coerced is usually no longer alive to testify in court. Therefore, you have to use the next best thing: circumstantial evidence. In this video, we describe how to prove your undue influence claim in […]
If you were to review every Trust or Will lawsuit filed in California, I would bet that 99% of those lawsuits plead a claims for lack of capacity to overturn a Trust or Will. Lack of capacity is, by far, the most pleaded claim in Trust and Will lawsuits. More accurately, it is the most […]
“…with liberty and justice for all.” Remember that from the Pledge of Allegiance? Well, the Pledge may say, justice for all, but not everyone can afford justice on Trust and Will lawsuits in court. And justice in Trust and Will matters can be more subjective than you think. You certainly know what a just result […]
The single most pleaded claim to overturn a Bay Area Trust or Will is lack of capacity. And while you and I may believe the decedent clearly lacked capacity, proving that claim in court is another matter altogether. It takes an expert Proving lack of capacity starts with obtaining all of the decedent’s medical records. […]
The law of Trusts requires every Trustee to invest Trust assets “as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust.” 16047. The Trustee has a duty to consider: The general economic conditions Possible effect of inflation or deflation Expected tax consequences of investment decisions or strategies […]
Sibling rivalry is alive and well. Especially when it comes to inheritance fights. There’s a lot of psychology involved in this business. I don’t claim to be a psychologist or therapist, but I have a great dealing of experience watching people deal with siblings—both successfully and disastrously. And, of course, every situation and every person […]
