Posts Categorized: Contested Wills

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, ...

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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). ...

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Can you challenegeyour Trustee_-2

Left Out in the Cold? My mom died and left me out of the Will–What can I do about it?

What can you do when you find yourself left out of a parent’s Will? That all depends on the circumstances surrounding the creation of the Will in the first place. For starters, in California children do not have a right to inherit any property from a parent. In other words, a parent can disinherit a child, leaving them nothing. Minor ...

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Due process

Top 10 Trust and Will Myths: Episode 4 Due Process

Why are lawsuits so time consuming and complicated?  Can't we just tell the Judge what the truth of the matter is, or just write the judge a letter? Well no, no you can't.  That's because of our Constitutional right to due process of law.  Due process is a fancy term that means everyone must be given an equal chance to ...

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This is not what we expected…how to modify your California irrevocable trust

One of the great challenges in drafting any Trust is figuring out how it will work, and affect the beneficiaries, years from now. Trusts are always written today, but enforced in the future. The oldest still-operating Trust I have personally dealt with in my career was created in 1948! Circumstances can change over time, and sometimes drastically so. But once ...

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Until Debts Do We Part: What happens to your debts at death in California?

  What happens to debts after you’re gone? There’s two ways to look at that question: (1) debts that are owed TO you, and (2) debts that are owed BY you. Are either type still enforceable after your death? Debts owed TO you Let’s start with debts that are owed to you, in other words, where you are the creditor ...

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