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uncoveringtheunexpected

This is not what we expected…how to modify your California irrevocable trust

One of the great challenges in drafting any Trust is figuring out how it will work, and affect the beneficiaries, years from now. Trusts are always written today, but enforced in the future. The oldest still-operating Trust I have personally dealt with in my career was created in 1948! Circumstances can change over time, and sometimes drastically so. But once ...

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questioningyourself-2

Questioning Yourself? Can you notice your own client’s deposition to preserve evidence in California Trust and Will cases?

While it may be funny to think about, you can notice your own client’s deposition if you wish to preserve his or her testimony prior to trial. This is a rarely used technique for rather obvious reasons, you do not usually want to disclose to the opposing party what your questions will be come time of trial. And while the ...

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my-bucket-list

Who’s on First? Determine who has priority to act as Executor of your California Estate

When a person dies owning property in his own name and has no Will, the property left behind must pass through probate before it can be transferred to the legal beneficiaries of the estate. Probate is opened and managed by an estate administrator, and the law sets out the priority of who has the right to act as administrator. It ...

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spend

Spend Wisely: Some thoughts on how to spend your money on the right depositions in your California Trust or Will lawsuit

Litigation is expensive. The chief reason for the high-cost is discovery. But discovery is a necessary part of preparing your case for settlement or trial, whichever occurs first. Motions, mediations, and trial all benefit from proper discovery being completed. Chief among the useful discovery tools is depositions. Depositions are your chance to ask questions directly to the opposing party, third-party ...

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burden

The Burden of Proof in California Trust and Will Cases

If you are going to file a civil lawsuit, you better know the burden you carry. This is particularly true in Trust and Will lawsuits, where burdens are constantly shifting back and forth depending on the claims being tried. In civil lawsuits we deal with two different types of burdens of proof: preponderance of the evidence, and clear and convincing ...

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