Posts By: Keith Davidson

Done yet

Are We Done Yet? How long does an average Trust or Will litigation case take to resolve in California?

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 first factor is our court ...

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Ready set pay

Ready, set, pay! Will I Be Reimbursed For Legal Expenses After Probate In California?

That all depends on what you mean by “probate.” In California, in fact in the entire United States, we operate under the so-called American system of litigation fees; meaning each party pays their own fees regardless of who wins the case. But there are a few exceptions. For example, if you have a contract that says the prevailing party is ...

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Run out of time

Have you Ran out of Time? How Long Do I have To Contest A Will or Trust In California?

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 Wills. You really cannot contest a California Will until someone offers the Will to be admitted into probate. Under California law, a Will is not a Will until a ...

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Forced Plan

May The Forced Plan be with You: What Happens If You Die in California Without A Will?

What Happens If You Die Without A Will? That depends on how you hold title to your assets. If you die and everything you own is in your sole name, then the assets must pass through probate to be transferred to your next of kin. When you die without a Will, you are said to have died intestate. And California ...

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Descent into darkness: My parent has dementia and has not created a Will, what can I do?

It can be nearly impossible to help a parent plan his or her estate when dementia exists. The problem with dementia is that is qualifies as the type of mental defect that could cause the person to lack the necessary capacity to create a Trust or Will. The first issue is whether your parent still has enough capacity to create ...

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Inheritance Theft! Can a relative who I’ve excluded from my Will fight for inclusion after I’m gone?

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 a property interest they will ...

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