Our Blog Posts


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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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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Truth or consequences: how much does a California Trustee have to pay back?

If a Trustee breaches a duty, what is the amount for which they are liable? The answer may surprise you. Basically, the Trustee is chargeable with three things: (1) any loss or depreciation in value incurred by the Trust, (2) any profit made by the Trustee, and (3) any profit that would have been made by the Trust were it not ...

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Reasonableness: is it too much to ask of your California Trustee?

You can sum up a California Trustee’s duty of care in one word: Reasonable. Well that sounds…reasonable. To be precise, California Probate Code section 16040(a) states the standard of care this way: The trustee shall administer the trust with reasonable care, skill, and caution under the circumstances then prevailing that a prudent person acting in a like capacity would use ...

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Skeletons in your closet? Time to shut the door using a Motion in Limine

Do you have anything in your past that you are a little embarrassed about, or perhaps something unpleasant such as a nasty divorce, an arrest, a bankruptcy? Everyone has something in their past that they would like to forget. And yet, when you’re in a Trust or Will lawsuit the opposing party goes out of their way to dredge up ...

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