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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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Promises! Promises!—California Law Allows Family Members and Friends to Enforce a Decedent’s Oral Promise to Make a Will or Trust

Under California Probate Code section 21700 a Decedent can make an enforceable oral contract to make a California Will or California Trust. Here’s how this situation usually arises. There is an older family member—we’ll call him Tom—who needs some additional care for the last few years of his life. Tom reaches out to his best friend Ken, who is a ...

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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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Second Federal Court Confirms: California Wrongful Death Case Booted Back to State Court

AbbVie, Inc.'s efforts to keep a California Wrongful Death case--Calvillo v. AbbVie, Inc.--from being heard by a California jury took another hit earlier today when the United States Judicial Panel on Multidistrict Litigation (JPML) vacated its conditional transfer order that would have sent the case from California to a federal court in Illinois. You can see the JPML's order here. ...

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Federal Court Sends Wrongful Death Case Back to California State Court

Some of the most difficult cases in the Trust, Probate, and Estate world deal with the wrongful death of a loved one. These cases not only include the tragic loss of a family member, but also the insult of a death that could have been prevented. And, unfortunately, in many cases, the individual or company that caused the needless death ...

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