If you’re receiving an inheritance through a trust or a will, you might wonder whether hiring a lawyer is necessary. The short answer is: it depends on your situation. In addition to this blog, watch our video dicussing whether or not you may need to hire or at least consult a probate attorney. When You Don’t Need […]
Can a Trustee Face Criminal Charges in California? Trustees in California have significant responsibilities. They are legally obligated to follow the terms of the trust and act in the best interests of the beneficiaries. When they fail to meet those duties, beneficiaries can bring a lawsuit for breach of fiduciary duty. But what about criminal […]
If you’re a beneficiary involved in a dispute over a trust or will, consulting with an attorney is an essential first step. The good news? Many trust and estate attorneys offer free consultations to evaluate your case. However, knowing how to approach that consultation can make all the difference in whether an attorney takes on […]
When navigating the probate process in California, one of the first questions families often ask is: How much will a probate attorney cost? The answer depends on the type of legal services you need—whether it’s a standard probate administration or a more complex trust or estate litigation. Let’s look at probate attorney fees in California. […]
Probate can be a complex and confusing area of law. Whether you’re a beneficiary, executor, or concerned family member, it’s important to come prepared when speaking to a probate lawyer. Asking the right questions can help you understand your rights, responsibilities, and the overall legal process. The questions you ask will depend on whether the […]
How a Nosy Neighbor Can Take Advantage of an Elder It all starts innocently enough. A neighbor befriends an elder and over time begins “helping” the elder by doing errands, driving them to doctor’s appointments, and helping them write checks or make online bill payments. Over time, the neighbor uses the trust they created to […]
What happens when the long-standing estate plan of a parent is changed shortly before their death to benefit someone new? Every year the inheritance plans of an alarming number of elders goes awry in the final months of their life without any notice or warning to the unsuspecting family members. It could be a neighbor, […]
Ask 2 Lawyers: Your Go-To Legal Podcast Have a legal question that’s been on your mind? Join us every Friday at 1pm pst/4pm est for Ask 2 Lawyers, our live podcast on YouTube, where two experienced attorneys tackle your toughest legal dilemmas in real time! Hosted by the team at Albertson & Davidson LLP, our […]
Undue influence requires proof of the actions and tactics taken by the undue influencer. Actions and tactics include, but are not limited to: (1) controlling necessaries of life, education, the victim’s interactions with others, access to information, or sleep, (2) use of affection, intimidation, or coercion, (3) initiation of changes in personal or property rights, […]
To prove undue influence, one of the four elements you must establish is that the undue influencer was in a position of apparent authority over the victim. Evidence of apparent authority includes, but is not limited to, their status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or […]
