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Blog Posts About Trust Contests

Undue influence is when a bad person exercises their power over and elderly person and gets the elderly person to give them extra assets, or to cut the other beneficiaries out. The problem that undue influence is generally difficult to prove directly. Generally, a person will not admit they coerced…

There’s a difference between the lawyer who represents the Trust that you’re a Beneficiary of and the lawyer that represents Beneficiaries.  A very big difference. And the reason there is sometimes confusion is because somebody becomes the Beneficiary of their parents’ Trust and they believe they can call the attorney…

Should a Trustee have one or two attorneys that represents them in a litigated trust matter?  Let me give an example. You have a Trustee after Mom and Dad have passed away and the Trustee is administering the Trust as the Trust terms state.  But, maybe the Trustee’s brother and…

There’s a significant difference between Estate Litigation Attorneys and Estate Planning Attorneys. Obviously, by definition, one type of attorney handles estate planning and the other type litigates over the enforcement of those plans. For example, if your parents want to create a Trust, Will, and Durable Powers of Attorney, they’re…

A trustee is the Trust manager, the person who calls the shots. But the trustee has limits on what they can do with the Trust property. The trustee cannot do whatever they want. They must follow the trust document, and follow the California Probate Code. More than that, Trustees don’t get…