Posts Categorized: Abused Beneficiary

Can you challenegeyour Trustee_-6

Do you have standing? Who has the right to file a Trust or Will contest?

Who has the right to challenge a Will, or a Trust for that matter? To challenge a Will or a Trust in California, the person filing the Trust or Will contest lawsuit must have legal standing to do so. The concept of standing has evolved from centuries of jurisprudence, first in England and then adopted by the United States. Basically, ...

Read More
Can you challenegeyour Trustee_

The Step-Parent Problem! My dad gave everything to my step-mom–Can I contest his Will?

  The answer is maybe, but you’re going to face an uphill battle. Unfortunately, the law does not give you an automatic right to receive a parent’s assets. The step-parent problem may be one of the most difficult, and least understood, issues in Trust and Will law. And it can play out in many different ways because people (1) do ...

Read More
Can you challenegeyour Trustee_-4

My siblings were disinherited–Do I owe them anything?

The short answer is no. If you are named as the only heir to your parent’s estate, then you win—and all the excluded children lose. You do not owe them anything. Or at least, that is how it should work…in theory. But many cases are not that easy because the excluded children often do not like being excluded (imagine that). ...

Read More
Can you challenegeyour Trustee_-3

Must I Pay? My late mother has a debt that my sibling demands I pay–What should I do?

When someone dies in California, who is responsible to pay the debts? The simple answer is the estate, but that’s not such a simple matter in most cases. The reason it is not so simple is because most people do not require a probate estate to be opened. If all of your assets pass through a probate estate, then creditors ...

Read More
The Beneficiary'sCorner v3

Will you lose your inheritance? The Beneficiary’s Corner — Course 5 California No Contest Clauses

1. The basics of California No-Contest Clauses. Under current law, California no-contest clauses only apply to: 1. Direct contest brought without probable cause; 2. A pleading to challenge a transfer of property on the grounds that it was not the transferor’s property at the time of the transfer; and 3. The filing of a creditor’s claim or the prosecution of ...

Read More
The Beneficiary'sCorner-4

Course 4 — California Attorney Malpractice Lawsuits

The basics of Legal Malpratice. To sue for legal malpractice, a plaintiff must prove: Duty – An attorney must owe a duty to either a client or an intended beneficiary of the client (such as a Trust or Will beneficiary); Breach – The attorney must have breach the duty to the client by making a mistake that a reasonable attorney ...

Read More