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/
It can be hard trying to choose the right lawyer for your Trust or Will contest case. In this video, partner Stewart Albertson describes the reasons why most people hire Albertson & Davidson, LLP to fight for their inheritance rights.
What is the single biggest threat to your assets leaving your family? I will give you a hint, it ‘s not estate taxes. Many people believe that estate taxes will take a lion’s share of their estate when they die, yet estate taxes apply to few estates. This year, the estate tax exclusion amount is […]
Promises, promises. Has anyone ever promised to leave you something after they die? Did they make that promise because you agreed to help them or take care of them leading up to death? If so, you may be able to enforce that promise when the time comes if you are left out of the Will […]
If you have a Trust or Will matter that has problems, do yourself a favor and take action quickly. How quickly? That depends on the type of claim you are bringing. The problem with Trust and Will lawsuits is that they are subject to a confusing morass of statutes of limitation that could potentially sink […]
Don’t be confused about what it takes to create a valid Will. Notarization does not cut it. In this video we discuss the requirements for a valid Will.
Trust and will cases are heard in Probate court and there are some strange rules that apply. The rules can be hard to master because some rules for filing and pleadings are contained in the Probate Code while others are taken from the Code of Civil Procedure. This hybrid of rules makes for a lot […]
In this video we discuss the importance of having an original version of your Will.
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 […]
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 […]
