Posts Categorized: Trust Contests

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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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Shark Week: The (True) Financial Cost of Bay Area Trust and Will Litigation

Let’s face it, lawyers have bad reputations, including being greedy opportunists, lazy, driving sports cars, and not really caring about their clients’ needs. I think part of that has to do with the surrounding circumstances—almost always bad—when it comes to hiring a lawyer. But our not so good reputations also come from not properly setting our clients expectations regarding the ...

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Bay Area Trustees Must Provide Beneficiaries and Heirs with Copies of California Trusts, Last Wills, and Amendments

I get calls every week from Bay Area Trust, Last Will, and Estate beneficiaries complaining that they can’t get their brother or sister, who is the Trustee and Executor of their parents’ estate plan, to provide copies of the parents’ estate plan after the parents have died. In response to these calls, I usually suggest the following. First, send a ...

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The Basics of Bay Area Financial Elder Abuse Lawsuits

There are four basic elements that must be proven in a Bay Area Financial Elder Abuse lawsuit: 1. the vulnerability of the victim, 2. the elder abuser's apparent authority, 3. the actions or tactics used by the elder abuser, and 4. the equity of the result. I've provided more information on California Financial Elder Abuse lawsuits in the video below.

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