When people first discover something is wrong with a trust, their reaction is often the same: “I don’t think this is fair… but I don’t know what I can do.” Trust beneficiaries frequently feel trapped. The trustee controls the money, the records, the timeline, and often the narrative. Requests for information go unanswered. Distributions are […]
When people think about trust disputes, they usually focus on one question:“Am I getting my inheritance or not?” What many beneficiaries don’t realize is that trustee abuse doesn’t just affect whether you inherit — it affects how much, when, and at what cost. By the time abuse is recognized, the damage is often far greater […]
California Trust Contests, Will Contests, and Beneficiary Protection Trust and estate disputes are rarely about paperwork alone. Most of the time, they begin when a family member or trusted individual abuses their position of power like cutting beneficiaries out, withholding information, or diverting assets for personal gain. At Albertson & Davidson LLP, we focus exclusively […]
Part 1: What Happens First The worst has happened. Your mother has passed away, and soon after, a copy of her Trust arrives in the mail from the Trustee. The cover letter says you have 120 days to contest the Trust, and enclosed is a copy of the trust instrument and a trust amendment. You […]
Contesting a will is a complex process that requires specialized legal expertise. This guide outlines the key grounds for contesting a will in California and explains the steps you should consider if you believe a loved one’s final wishes were not properly honored. Understand the Two Main Categories for Contesting a Will 1. Formal Defects (Formalities) […]
Imagine this: you’re supposed to inherit $1.5 million from your parents’ trust. You’ve waited patiently, only to discover the trustee hasn’t been doing their job — or worse, has mismanaged trust assets. So you hire a lawyer and file a Petition in probate court asking the judge to step in. You’re not trying to overturn […]
Irrevocable trusts are powerful tools in advanced estate planning. They offer significant advantages for tax planning, multi-generational wealth transfers, and beneficiary protection. However, when it comes to shielding your own assets from lawsuits, the protections are limited, particularly under California law. Let’s take a closer look at how irrevocable trusts work, and when they can […]
One of the most painful and unfortunately common situations we see in California trust litigation is when a child, often a son or daughter, is appointed as trustee over their aging parents’ trust and then uses that position for their own personal gain. What begins as a role of trust and responsibility often ends in […]
In California probate and trust litigation, few issues stir up more confusion and litigation than the rights of a surviving spouse who is left out of a will or trust. These individuals are often referred to as “omitted spouses,” and the law generally provides them with a share of the estate. But not always. This […]
The answer depends entirely on the terms outlined in the trust document. In most cases, when the grantor (also known as the settlor) of an irrevocable trust passes away, the trust either terminates and distributes the assets or continues to hold them in trust for the beneficiaries. The trust document will clearly state what should […]
