Posts Categorized: Trust Contests

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 ...

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The Beneficiary'sCorner-3

Course 3 — Lessons 1 to 3: California Undue Influence Claims

The basics of undue influence. What is Undue Influence? Undue influence is considered excessive persuasion where the intent of the victim is replaced with the intent of the wrongdoer. To prove undue influence you need to prove four basic elements: Vulnerability of the victim, Apparent authority of the wrongdoer, Actions and tactics used in unduly influencing the victim, and An ...

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Who OverseesYour Trustee

Top 10 Trust and Will Myths: Episode 8 Can Trusts be challenged in court? Is your Trust safe from being contested in court?  Many people think so, but the truth may not be so promising.  In this video we discuss whether your Trust can be challenged in court.

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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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Some Rules are Made to Be Broken: How a deadline to contest a California Trust may not apply to you

Under California law you only have 120 days after receiving notice to challenge the validity of a Trust. (See Probate Code section 16061.8.) That is a bright-line deadline that cannot be changed once notice is served. Or is it? What if a Trust is revoked before death; is a 120-day notice effective to challenging a revoked Trust? The California Appellate ...

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I Declare! This property belongs to my California Trust

In its simplest form, a Trust is merely the holding of money by a person for the benefit of someone else. When a friend hands you his wallet until he gets back, a Trust is formed. Trusts cannot be formed without property transferring from the hands of the owner to the hands of the Trustee. We call this Trust funding. ...

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