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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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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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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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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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Course 1 – Lessons 1 to 3: Prudent Trustee Investing

1.         The basics of Trust investing: These are the beginning ground rules for Trust investing: The Trustee must act as a prudent investor would act; The specifics of the Trust must be considered; and The Trustee must act with reasonable care, skill, and caution. 2.         Hypothetical Let’s consider a hypothetical situation to demonstrate the problems that can arise and the ...

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