Will contest cases are among the most complex matters in probate litigation. To challenge a will successfully, you must assert a valid legal ground, most commonly lack of capacity or undue influence. Proving either of these claims requires gathering compelling, admissible evidence, and that usually includes taking multiple depositions. In most will contest cases, you […]
When a couple lives with children from their current relationship and from previous relationships, this is considered a “blended family.” According to various counts, 20% to 40% of American families headed by a married couple are blended families. Being a child of a blended family can affect expectations and the reality of inheritances. There are […]
California probate courts presume that a will is valid and that its instructions for the distribution of the decedent’s assets should be followed as directed by the deceased individual. However, California law allows for legal challenges if a will is invalid or does not represent the decedent’s true desires. Anyone who would be affected by […]
Often when people are drafting estate planning documents, they will be advised to include a “no contest clause” in their last will and testament. A no-contest clause – also called a “penalty clause,” or in legal circles, an “in terrorem” clause – is meant to prevent beneficiaries from challenging the will after the individual dies. What […]
If you are a beneficiary of a Trust in California, you have legal rights. Below is a list of some of a California Trust beneficiary’s basic rights. Obtain Copies of Trust Documents Trust beneficiaries are entitled to receive copies of the Trust documents. Beneficiaries should receive copies of the Trust when either: The Trust (or […]
If you are a party to a Trust lawsuit will your case help all the Trust beneficiaries? The answer is a definite maybe. There are times when your lawsuit could help other beneficiaries that did not join the case, but there are also times when the non-participating beneficiaries could be left out in the cold. […]
How do you hire an attorney when you need help dealing with a bad Trustee? Trustees have access to all the Trust resources, while beneficiaries do not. As a beneficiary, you cannot withdraw money from a Trust bank account to pay for legal services. So what are you to do? You have two choices: (1) […]
In this episode, we’re discussing the phases of litigation. We’re going to walk you through your trust contest case from beginning to end. One of the things that you need to understand is the different phases that every legal case takes when it works through our judicial process. Six Phases of Your Trust Contest Lawsuit […]
The old switcher-oo can happen to just about anyone. That’s where the old Trust is abandoned for a new Trust. And the new Trust has entirely new provisions that leave everything to the bad actor. For example, let’s say your oldest brother has decided that he should receive the entire estate. Your father passed away […]
If you are filing a lawsuit pertaining to an inheritance under a Trust or Will in California there are deadlines that must be followed. These deadlines are called statutes of limitation. A statute is a written law passed by the legislature. A statute of limitations is a law prescribing a time deadline for bringing each […]
