Posts By: Keith Davidson

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San Diego Undue Influence Claims: The Lighter Side of Capacity

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 over-pleaded claim in Trust and ...

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Justice vs. Fairness: What Do You Want Out of Your Bay Area Trust or Will Contest?

  “…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 should be, but your ...

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How To Obtain Your San Diego Trust Document

  You will not know your rights under your Trust document until you obtain a copy of it.  If you do not have a copy, you have to take action to obtain one.  In this video, we explain the steps you must take to obtain your Trust document.

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Original Will Documents: The Last Original Documents Required in Bay Area Probate

In this video we discuss the importance of having an original version of your Will.

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You, Me, and Lack of Capacity: What It Takes To Overturn a Bay Area Trust or Will

  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.  What we hope to ...

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The Hard Work of Prudent Trust Investing

  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 The role that each ...

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