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 […]
One of the privileges of being married is that it comes with a host of legal duties and responsibilities. For example, under Family Code section 721, every spouse owes a duty of the highest good faith and fair dealing in transactions undertaken between spouses (try using that argument next time you want to watch your […]
Want to avoid litigation in your estate? The first step is to follow the terms of the Trust you created. Many married couples create joint Trusts in California, but when one spouse dies the surviving spouse does not realize what the Trust terms require. Your Trust may require you to split your assets evenly between […]
I am on a personal mission to eradicate the use of exculpation clauses. Your Bay Area Trust may have an exculpation clause, but I bet you have no idea (1) the clause is even in your Trust, and (2) the absolute damage such clauses cause to Trust beneficiaries. Allow me to explain. Under Probate Code […]
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 […]
