If you are suing to overturn a Trust or Will, or taking any other action for that matter, on the basis of capacity or undue influence, then you need an expert witness. In fact, in any case where there is information in medical records, you need an expert witness. Why? Because of a little thing […]
How hard is it to sue a Trustee? In this video we describe some of the hurdles you will face in suing a Trustee for breach of Trust.
Why can’t you just freeze Trust assets as soon as you file your Trust lawsuit? Well sometimes you can, but other times it is not so easy. In fact, in nearly every case you have to start from the point that assets are not generally going to be frozen once a lawsuit is filed. Freezing […]
If you have been disinherited, or your inheritance has been stolen from you in some way, you have just one chance to fight for your legacy. But not fighting is also an option, it all depends on what you want to do. A few years ago, a client told me that he wanted to fight […]
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 […]
Although it is difficult to remove a Bay Area Trustee for breach of trust, it can be done. I explain further in the video below on the reasons California law allows a probate court to remove a bad acting Trustee.
Most Bay Area Trustees do not understand the duties they owe Trust beneficiaries. In many cases these Trustees take adversarial positions towards the Trust beneficiaries, which is not allowed under California law. What are the duties that Trustees owe beneficiaries under California law? Glad you asked. In the video below I explain:
What happens when the Trustee of your parents’ Trust treats you poorly? Perhaps the Trustee does not return your phone calls, or he/she doesn’t give you copies of the Trust, or he/she refuses to provide you any information about the Trust assets. What is a trust beneficiary to do under these difficult circumstances? Albertson & […]
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 […]
if you are settling your Bay Area Trust and Will case, there a few things you better be sure to include. After all, you want your settlement to end the case for once and all so you can move forward with peace of mind. Your peace of mind depends on these top three provisions: For […]
