Somewhere out there is a common misconception that a revocable, living Trust cannot be contested in court. That’s false. You can go to the courthouse in any county in California today and find thousands upon thousands of Trust contest cases. By Trust contest case, we mean a lawsuit to try to invalidate or set aside […]
One of the benefits to hiring an attorney or law firm on a contingency fee basis is payment of the out-of-pocket costs. A contingency fee agreement is one where the attorneys agree to represent the client in return for receiving a percentage of the amount recovered for the client. For example, if the attorney recovers […]
Statutes of limitations are the deadlines by which you must file a lawsuit. We are seeing more and more people miss the filing deadline in the California Trust and Will Litigation arena. We think the reason this is occurring is because the statutes of limitations for Trust and Will issues are complicated. There is not […]
Under California financial elder abuse law, you must prove four elements to establish undue influence: (1) vulnerability of the victim, (2) apparent authority of the wrongdoer, (3) actions and tactics of the wrongdoer, and (4) an inequitable result. Two of these elements stand out over the rest: vulnerability and actions and tactics. Actions and tactics refers […]
You ask for it. Well let’s assume that you have already asked for a copy and someone says no. Then it all depends on whether your mom or dad is still alive, and whether you are a beneficiary of the Trust. For starters, if your parents create a revocable, living Trust during their lifetimes and they are […]
As lawyers, we have heard many people tell us their version of events that led up to a wrongly created Trust or Will. And one of the main issues we try to determine is whether there are facts to support an undue influence claim. Overturning a Will or Trust based on undue influence is not so […]
What rights does a step-mother have to the property of your father? That can be a challenging question to answer because it all depends on how your father planned his estate (or how he failed to plan). While you may think that your father’s assets should go to you after his death, that may not […]
You can take any legal action you like in California court on your own, if you choose to do so; provided that, you’re not acting as an Executor, Trustee, or agent (all of which must be represented by lawyers in court). The problem with representing yourself in court is the complexities of California Will contest cases. The […]
Wills and Trusts are vastly different types of documents. They may seem similar in some respects, but they are more different than they are similar. What is a Will? For starters, a Will is a “testamentary” document meaning it must meet certain formalities to be a valid document. All Wills must be in writing, signed by […]
Should I Fight My Relatives Over An Estate Even If It’s Worth Very Little? Probably not. There are two equally powerful issues you must consider when contesting an estate: (1) principal, and (2) money. By principal, I mean fighting for what is right, for what is just in your case. And of course, money simply means the […]
