Posts Categorized: Trust Contests

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San Diego Undue Influence Claims: The Lighter Side of Capacity

If you were to review every Trust or Will lawsuit filed in California, I would bet that 99% of those lawsuits plead a claims for lack of capacity to overturn a Trust or Will.  Lack of capacity is, by far, the most pleaded claim in Trust and Will lawsuits.  More accurately, it is the most over-pleaded claim in Trust and ...

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You, Me, and Lack of Capacity: What It Takes To Overturn a Bay Area Trust or Will

  The single most pleaded claim to overturn a Bay Area Trust or Will is lack of capacity.  And while you and I may believe the decedent clearly lacked capacity, proving that claim in court is another matter altogether. It takes an expert Proving lack of capacity starts with obtaining all of the decedent’s medical records.  What we hope to ...

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How Do You Take Action in Your Bay Area Trust or Will Contest?

So you have a problem with your inheritance, what are you going to do about it?  That’s a tricky question because every case is a little (or a lot) different.  Mainly it depends on the type of estate planning device you need to overturn, challenge, or validate. For example, if you are dealing with a Trust, then you need to ...

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Evidentiary Hurdles: How to Prove Undue Influence in California Trust Contests and Will Contests

Ask most lawyers in California how hard it is to prove up an undue influence claim in a Trust Contest or Will Contest. The answer is likely to be that it is difficult to prove undue influence in these types of cases. But that’s most likely due to these lawyers thinking about proving an undue influence case by way of “direct” ...

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Removing a California Trustee is a bit like removing a wart–it’s difficult, but can be done with the correct application

Although it is difficult to remove a Bay Area Trustee for breach of trust, it can be done. I explain further in the video below on the reasons California law allows a probate court to remove a bad acting Trustee.

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Bad Bay Area Trustee: What’s a Beneficiary to do?

What happens when the Trustee of your parents' Trust treats you poorly? Perhaps the Trustee does not return your phone calls, or he/she doesn't give you copies of the Trust, or he/she refuses to provide you any information about the Trust assets. What is a trust beneficiary to do under these difficult circumstances? Albertson & Davidson, LLP partner, Keith A. ...

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