Will contest cases are among the most complex matters in probate litigation. To challenge a will successfully, you must assert a valid legal ground, most commonly lack of capacity or undue influence. Proving either of these claims requires gathering compelling, admissible evidence, and that usually includes taking multiple depositions. In most will contest cases, you […]
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 […]
Yes—you can contest the validity of a trust or trust amendment in California, but only if you have legal grounds to do so. You cannot challenge a trust simply because you are unhappy with the outcome. The law provides specific circumstances under which a trust may be invalidated. Here are the four most common legal […]
If you’re a beneficiary involved in a dispute over a trust or will, consulting with an attorney is an essential first step. The good news? Many trust and estate attorneys offer free consultations to evaluate your case. However, knowing how to approach that consultation can make all the difference in whether an attorney takes on […]
For purposes of undue influence, a person may be considered to be vulnerable (or susceptible) to undue influence based on incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency. These factors in conjunction with whether the influencer knew or should have known of the alleged victim’s vulnerability, play a role […]
So, are they frozen? No, trust assets are not automatically frozen when you file a trust contest lawsuit (or any other type of trust lawsuit). In order to freeze trust assets, you must file for a temporary restraining order and preliminary injunction. These are rarely granted but can be obtained in certain cases. Freezing assets […]
A last will and testament is central to estate planning. It provides legal documentation of your wishes after your death and/or if you become incapacitated. A valid will directs how property held by a decedent’s estate will be distributed after his or her death. Often, as part of estate planning, an individual or a couple […]
Arbitration is an alternative dispute resolution process that is less expensive than going to court. It is also private. Trust disputes aired in court are generally a matter of public record. In arbitration, the parties to a dispute present their case to an impartial third party — an arbitrator —who makes a binding decision. Many […]
When a parent dies, a child who finds out their parent’s will does not treat them similarly to how it treats other heirs may have reason to contest the will in probate court. Any interested party – not just children of the deceased – can contest a will in California by moving immediately after the death to […]
A trust contest is a lawsuit that challenges the validity of a trust. In the state of California, if you wish to contest an irrevocable trust, you must file a petition with your local probate court for the purpose of setting aside or modifying the trust. We will explain how and why one might choose […]
