Category: Trust and Will Lawsuits

To Demurrer

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 […]

Can I make you settle

There’s only one way to force a resolution on a California Trust or Will lawsuit: go to trial. But most cases settle before trial, that’s because most people choose to voluntarily resolve their lawsuit. But you cannot make the other side settle, it has to be voluntary at some point.

Can You break the Chains of a California

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 […]

Forget What You Watched TV Lawyers

What’s the difference between TV lawyers and real life lawyers? Everything? When you get involved in a real-life lawsuit it’s time to forget what you watched and prepare yourself for a more painful reality.

king

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 […]

plan prepare perform

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.

joint

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.

due process

When you file your Trust or Will lawsuit in court, you may know you are right and the other side is wrong, and you put all your facts in your pleading, so why can’t the court just make a decision right away? Instead, your Probate petition or Trust or Will lawsuit is set for an […]

attorney in court

Why does it take so long to get a result from your trust or will lawsuit? In this video we describe the reason for the delays you encounter in court.

last will

Want to know how best to give assets to children from your trust? This video discusses some ideas on how to hand assets down to children from your Trust.