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 […]
The short answer is twelve to thirty-six months or more. But the specific answer varies widely based on the circumstances you confront in your case. It can take far longer than you like to resolve your Trust or Will litigation case. And there are a few factors that affect the length of your case. The […]
Contesting wills and trusts can be difficult because each document operates under a different set of rules. And each document has a different statute of limitations for contesting it. Timeline for California Will Contests You really cannot contest a California Will until someone offers the Will to be admitted into probate. Under California law, a Will […]
Yes, provided that relative has standing to sue. Any family member (or past beneficiary) who has been excluded from your Trust or Will can fight for inclusion after you die. But to do so they first must have standing. To have standing means they are an heir or prior beneficiary of yours and they have […]
The short answer is no. If you are named as the only heir to your parent’s estate, then you win—and all the excluded children lose. You do not owe them anything. Or at least, that is how it should work…in theory. But many cases are not that easy because the excluded children often do not […]
What can you do when you find yourself left out of a parent’s Will? That all depends on the circumstances surrounding the creation of the Will in the first place. Understanding Inheritance Rights in California For starters, in California children do not have a right to inherit any property from a parent. In other words, […]
Is your Trust safe from being contested in court? Many people think so, but the truth may not be so promising. In this video we discuss whether your Trust can be challenged in court.
Why are lawsuits so time consuming and complicated? Can’t we just tell the Judge what the truth of the matter is, or just write the judge a letter? Well no, no you can’t. That’s because of our Constitutional right to due process of law. Due process is a fancy term that means everyone must be […]
Under California law you only have 120 days after receiving notice to challenge the validity of a Trust. (See Probate Code section 16061.8.) That is a bright-line deadline that cannot be changed once notice is served. Or is it? What if a Trust is revoked before death; is a 120-day notice effective to challenging a […]
