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 someone promises to name you in a Will, but then fails to do so, you may have a contract right to enforce that promise. In this video, partner Stewart Albertson describes the power to enforce a contract to make a Will. For more information, please visit: http://www.aldavlawbayarea.com/practice-areas/contested-trusts-wills-probate-litigation/
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 […]
Beneficiaries should not have to take court action to enforce their rights under a Trust, but so often they do have to take action. Even though a beneficiary has no duties, they do have the burden on enforcing their rights when a Trustee refuses to do the right thing. In this video, partner Keith Davidson […]
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 […]
Sometime it can be hard to know what someone really wants to do with his or her estate. And if that intent is never written down and recorded somewhere, then it may be impossible to enforce. In this video, partner Keith Davidson talks about the difficulties in establishing and enforcing someone’s wishes.
