At Albertson & Davidson LLP, we’ve used the term abused beneficiary for years — because it accurately describes what far too many people experience during a Trust or Will administration. An abused beneficiary is any Trust or Will beneficiary who has been denied their rightful inheritance, misled, ignored, or financially harmed by a trustee, executor, […]
Category: Inheritance Litigation
Nearly every trust contest lawsuit will require expert testimony at some point. Why? Because in trust and estate litigation, much of the key evidence—especially medical and financial records—qualifies as hearsay if offered on its own. To get that evidence in front of the court in a meaningful way, you often need an expert. The Hearsay […]
A Return to the Hawaii Tax Institute Albertson & Davidson LLP is proud to once again participate in the Hawaii Tax Institute (HTI)—one of the nation’s premier conferences for estate planners, tax professionals, and fiduciary litigators. Each year, HTI brings together thought leaders from across the country to explore the most pressing issues in estate […]
In today’s digital world, text messages and emails can become some of the most powerful forms of evidence in trust litigation—especially when you’re trying to prove undue influence, fraud, or a person’s true intent in signing a trust or trust amendment. People communicate differently over text. They’re casual, spontaneous, and often reveal thoughts and emotions […]
In California, when someone creates a will or trust and later gets married without updating those documents, the surviving spouse may still have a legal right to inherit. This right is granted under California’s omitted spouse laws, which essentially “force” an amendment to the estate plan, entitling the surviving spouse to a share of the […]
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 […]
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. […]
The positions of power of attorney and executor are distinct legal roles. An executor administers a person’s will after their death. A power of attorney may be granted authority to make decisions on behalf of another person in the event they are incapacitated and unable to act during their lifetime. Both are potentially powerful positions. […]
One of the primary duties of an individual who has been named executor of a will or administrator of a decedent’s estate is to pay the estate’s debts. Creditors have a right to hold an estate or trust responsible for paying its outstanding debts. Those who are owed money should file a creditor’s claim in a timely […]
As aggressive trial attorneys who litigate wills and trusts on behalf of abused beneficiaries, the lawyers of Albertson & Davidson, LLP, sometimes work with forensic accountants to examine a disputed estate’s financial records or to document the financial exploitation of an elderly person. A forensic accountant has the skills necessary to analyze the management and administration of a trust […]