Many people think that they can march into court and present whatever document or witness they have to the court. But trial is not that easy. There is an entire Evidence Code designed to stop unreliable information from reaching the ears of the decision maker (either judge or jury). The Evidence Code is meant to […]
We have all seen a television show or movie where a lawyer stands up and presents a “surprise” witness. The crowd in the courtroom gasps, the opposing attorney stands up and strenuously objects, but the judge allows the witness to take the stand and the case is won on the strength of this single witness. […]
If you are heading into trial, you will be expected to prepare and file a trial brief with the court. Every judge is a little different and some of them want specific items in the trial brief (so check your local rules and the judge’s trial preparation rules). But the basics are fairly similar throughout […]
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 […]
Representing families can be tricky business because conflicts of interest for a lawyer can arise when and where you least expect it. Yet other times a conflict may not be present even where it appears there should be one. This can be explained by looking at the interests involved. Generally speaking, under rule 3-310(c) of […]
There are certain people who are presumed to have obtained a gift under a Trust or Will by undue influence. If you happen to be one of these people, be aware that any Trust or Will amended that favors you may be easily overturned. Who are these special people? In California, a legal presumption of […]
In California, the law puts a high price on a consumer’s right to privacy. Privacy is an important right that is guaranteed by both the U.S. Constitution and the California Constitution. That protection is great when it is used to shield your private information from the public. But it can pose a problem if you […]
Take everything you know about the English language and throw it out the window, you are about to enter the “Trust Zone.” The Trust Zone is an archaic place where we use centuries old concepts and language to express even the simplest idea. For example, in the Trust Zone you don’t leave your assets to […]
So you want to bring a lawsuit because a Trust was not administered properly by the surviving spouse? You better be prepared for a big surprise—your lawsuit may be sunk before it even starts if you do not understand how to properly preserve your rights in Court. The biggest problem with Will and Trust lawsuits […]
There is nothing an Orange County Trust and Will litigation attorney like me loves more than an estate plan done the wrong way. Poorly drafted plans, ambiguous language, unfunded trusts, it’s all a big mess…and music to my ears. But you did not set out to create a mess, did you? Of course not. In […]
