Posts Categorized: Estate Planning Malpractice

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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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_-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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Trust Me It’s Simple: Simple steps for California Trust creation

Fun fact: Trusts are not testamentary documents. That means Trusts do not have to follow all of the strict rules required to make a valid Will. Wills require a written document, signed by the decedent and witnessed by two witnesses…not so for Trusts. Trusts fall into a broad category of estate planning vehicles known as “Will substitutes” because they bypass ...

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not what you intended?

Estate Planning Attorneys May Be Held Liable in Legal Malpractice Lawsuits Where Intended Beneficiaries Lose Inheritance under a California Trust or Will Due to Attorney Error.

Generally, estate planning attorneys who draft California Trusts and Wills can only be sued for legal malpractice by the client who hired them. But there is a narrow exception to this general rule where an estate planning attorney’s mistake harms “intended beneficiaries” of the Trust or Will—even though the intended beneficiaries were never the attorney’s clients. A balancing test is ...

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