Posts Categorized: Trust and Will Lawsuits

Ready set pay

Ready, set, pay! Will I Be Reimbursed For Legal Expenses After Probate In California?

That all depends on what you mean by “probate.” In California, in fact in the entire United States, we operate under the so-called American system of litigation fees; meaning each party pays their own fees regardless of who wins the case. But there are a few exceptions. For example, if you have a contract that says the prevailing party is ...

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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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Inheritance Theft! Can a relative who I’ve excluded from my Will fight for inclusion after I’m gone?

Yes, provided that relative has standing to sue. Any family member (or past beneficiary) who has been excluded from your Trust or Will can fight for inclusion after you die. But to do so they first must have standing. To have standing means they are an heir or prior beneficiary of yours and they have a property interest they will ...

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Can you challenegeyour Trustee_(2)

Show me the contract! What sort of agreement do I need with my business partner in case I die?

You need a partnership agreement, limited liability agreement, or shareholder’s agreement depending on the type of business entity you have. If you have a general partnership, or a limited partnership, there should be a partnership agreement that governs your business entity. The partnership agreement contains many provisions that help govern the business while you are alive, such as the percentage ...

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Stay out of my business! My late spouse’s partner has taken over the business, what can I do?

That will depend on two major factors: (1) what type of legal entity is the business (i.e., partnership, corporation, limited liability company, etc.), and (2) how did your spouse hold title to the business interest?   The type of business entity. Business transactions between partners can be messy because they oftentimes are not well documented. A partner’s rights upon death ...

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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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