Parents do not have to treat children equally in estate planning documents (Wills and Trusts). Under California Trust and Estate law, creators of a Will or Trust may leave their assets to whoever they wish, including non-family members. There is no requirement that parents provide equal treatment to their children under a Trust or Will. […]
If you are filing a lawsuit pertaining to an inheritance under a Trust or Will in California there are deadlines that must be followed. These deadlines are called statutes of limitation. A statute is a written law passed by the legislature. A statute of limitations is a law prescribing a time deadline for bringing each […]
How long should you wait for a Trust accounting? After the Trust creators (also called “Settlors”) pass away, beneficiaries can expect to wait between six months to one year for an accounting from the Trustee. The time frame depends on the nature of the assets and the terms of the Trust. A Trust accounting is […]
How do you know if you are a beneficiary of a Trust, and how much you are entitled to receive? The only way to know is to review the terms of the Trust document. However, that can be a problem at times when a parent refuses to share Trust document with you. Or worse yet, […]
Sometimes there is a disconnect between lawyers and clients on how likely they believe the case is to succeed, and the monetary value of the case. Why? Litigants typically don’t think of their case in terms of monetary value. Litigants think of their case as a set of bad, often hurtful facts that led them […]
How do you prove your case? If you are trying to invalidate a Trust or Will, you have the burden of proof, which is the legal obligation to prove your allegations in court. You must come to court with admissible evidence. Not all evidence is admissible in court. Certain types of evidence are inadmissible, which […]
Many people aren’t familiar with our court system and how lawsuits work. For that reason, we wrote a book called Your Lawsuit. This book is an overview of the general litigation process in California. This book walks you through the different phases of your lawsuit. Below is a brief overview of the phases of a […]
Three words: burden of proof. You have it and the other side does not. If you put on your case in a Trust contest and fail to meet your burden of proof, you lose. Losing is your default position. Winning is the default position of your opponent. They don’t have to put on a case. They […]
Let’s start with a basic premise of Trust and Will law: children are not entitled to inherit anything. Parents have the right to disinherit a child, provided that, the decision to disinherit is their own. In other words, if someone else forces that decision on the parent, that is wrong. But if the parent freely […]
If you are trying to overturn a Trust or Will (or an amendment to a Trust or Will), you will find that your relationship with the decedent is going to be a big issue in your case. But what does it matter if you had a good relationship with the decedent? The funny thing is, […]
