So who is in charge of overseeing your Trustee if that person chooses to violate the law and breach his or her fiduciary duties? Surely there is some governmental agency that will step in and hold that bad Trustee accountable…isn’t there? The truth is that there is no governmental authority that oversees that acts of […]
Category: Abused Beneficiary
Imagine you were going to be given a specific gift of a house. You liked the house, maybe you grew up there. You could use a place to live and you look forward to having a place of your own. But then the house is sold by your parent and turned into cash, where it […]
In the world of Trust and Wills, some gifts are better than others. I don’t mean monetarily (of course $1 million is better than $1 thousand), but I mean the type of gift being given. There is a hierarchy of gifts—a pecking order if you will. Specific gifts are at the top of the heap. […]
In our last post we discussed the newly created Transfer-On-Death Deeds (“TOD Deeds”); now time for a few problems. There are two main problems created by California’s new TOD Deed rules. First, someone wanting to legitimately use such a deed has to understand all the technical rules that must be followed, and then follow them. […]
California financial elder abuse is one of the fastest growing problems in our society. As the Baby Boomer generation ages, they become increasingly more susceptible to financial scams. But not all financial scams are done by strangers. All too often it is those closest to an elder who do the most damage. How do you […]
The actions and tactics of a wrongdoer can be critical evidence of undue influence in your California Trust or Will contest. In this video, partner Keith Davidson describes the important issue of actions and tactics. For more information, click this link: https://www.aldavlaw.com/practice-areas/litigation/trust-accounting-litigation/
California financial elder abuse, can be proven one of three ways. In this video, partner Keith Davidson goes over some of the basics of elder abuse in California.
Sometimes a beneficiary has got to go. When a Trustee or a beneficiary refuses to vacate Trust property so it can be sold, then an eviction may be in order. But beware, evictions can be blocked when the right procedure is followed. In this video partner Keith Davidson discusses some points about eviction.
If someone promises to name you in a Will, but then fails to do so, you may have a contract right to enforce that promise. In this video, partner Stewart Albertson describes the power to enforce a contract to make a Will. For more information, please visit: http://www.aldavlawbayarea.com/practice-areas/contested-trusts-wills-probate-litigation/
Proving a step parent unduly influenced your parent can be nearly impossible, until recently. Changes in California law may make this type of claim easier to bring. In this video, partner Stewart Albertson discusses the ways in which to bring an undue influence claim against step parents.