Posts Categorized: Videos

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-4

Course 4 — California Attorney Malpractice Lawsuits

The basics of Legal Malpratice. To sue for legal malpractice, a plaintiff must prove: Duty – An attorney must owe a duty to either a client or an intended beneficiary of the client (such as a Trust or Will beneficiary); Breach – The attorney must have breach the duty to the client by making a mistake that a reasonable attorney ...

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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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The Beneficiary'sCorner-2

Course 2 — Lessons 1 to 3: Trustee Duties — The Top 3

The basics of Trustee’s duties: These are the beginning ground rules for Trustee Duties: The Trustee must follow the Trust terms; The Trustee must administer the Trust solely for the beneficiaries; and The Trustee must not enter into any transaction where he personally obtains an advantage over the Trust or Trust beneficiaries. Hypothetical Let’s consider a hypothetical situation to demonstrate ...

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A Good Back Story

Proving Undue Influence In The Bay Area: A Good Back Story

It can be hard to convince and judge or jury to rule in your favor unless you have a good back-story.  That means a good reason why someone would have left you assets had they not been unduly influenced.  In this video, partner Keith A. Davidson describes the need for a good story to go along with your undue influence ...

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Caught-in-the-Middle

How To Remove Your San Diego Co-Trustee

When your San Diego co-trustees can't get along, you have to get one of them removed.  In this video, partner Keith A. Davidson discusses how to remove a co-trustee. For more information, click this link: http://www.aldavlaw.com/carlsbad/ https://www.youtube.com/watch?v=Zmen6-501KU

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