Why is anyone still using no-contest clauses in California Trusts and Wills? This has to be one of the most abused, misused, and misunderstood Trust provisions ever. And yet, I bet you anything that if you look in your Trust or Will right now you will find a no-contest clause. No-contest clauses are well intentioned—to […]
If you have ever tried to start a California Trust or Will lawsuit by yourself in court (or any other legal matter for that matter), you may have been surprised about how hard it is just to get the case started. The most important issue people have trouble with is notice, legal notice that is. […]
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.
You know those slow motion replays they do in football games? What if the entire game was played in slow motion? That’d be pretty boring and tedious to watch. Welcome to our court system. Nearly every court system in California has been hampered by the severe budget cuts that have occurred in the last two […]
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 […]
What do you call a court filing that usually is a complete waste of time, but occasionally kills a lawsuit against you at the very outset of the case? Answer: a confusing morass??? No, the correct answer is a demurrer. Demurrers are funny things because they focus on a narrow issue of your lawsuit. In […]
Many times a Trustee wants the Trust beneficiaries to sign a waiver of accounting and release of liability before any Trust distributions are made. It is understandable (from the Trustee’s perspective) that he wants to prevent any future lawsuits before all the Trust money is distributed. But do waivers and releases really work? In a […]
Have you ever heard of law and equity? Nearly everyone has heard of law, in fact many people believe the law is a set thing that is easily applied with clear-cut rules (not true in most cases by the way). Equity, on the other hand, is a lesser-known concept, which is ironic since a huge […]
Being an aggressive lawyer takes a lot more than raising your voice and pounding the table. You need a good plan, a ton of preparation and then a great performance.
Did you know that when you put a child on your joint bank account they become an owner of that money? More than that, your Will does not affect the ultimate distribution of that account. In this video we describe some of the dangers and misunderstandings dealing with joint bank accounts.
