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.
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.
Can a Trust beneficiary live rent free in a real property owned by the Trust? How about the Trustee who is also a beneficiary, can he or she live in real property rent free? The answer is no, but then again maybe. Wait this sounds confusing, so let’s break it down a bit. While the […]
Sibling rivalry is alive and well. Especially when it comes to inheritance fights. There’s a lot of psychology involved in this business. I don’t claim to be a psychologist or therapist, but I have a great dealing of experience watching people deal with siblings—both successfully and disastrously. And, of course, every situation and every person […]
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 […]
Let’s face it, lawyers have bad reputations, including being greedy opportunists, lazy, driving sports cars, and not really caring about their clients’ needs. I think part of that has to do with the surrounding circumstances—almost always bad—when it comes to hiring a lawyer. But our not so good reputations also come from not properly setting […]
I get calls every week from Bay Area Trust, Last Will, and Estate beneficiaries complaining that they can’t get their brother or sister, who is the Trustee and Executor of their parents’ estate plan, to provide copies of the parents’ estate plan after the parents have died. In response to these calls, I usually suggest […]
I’ve been planning to write more this year about California Trust, Will, and Probate litigation. But I’ve been hesitant to do so because: This is a very complex area of the law involving even more complex fact scenarios, which may or may not apply to a particular case. I’m worried that I may not be […]
