Language the English tricky can be. Many a Trust or Will has been litigated over the use of language. While the words may seem perfectly clear when written, circumstances can change, unforeseen events can occur, and misunderstandings can arise that lead to ambiguity in how a Trust or Will should be interpreted and enforced. Luckily, […]
When Trust or Will terms cannot be discerned by the way in which they were written, the court must follow the interpretation rules set out in the California Probate Code. One of those rules is found at Section 21121, which requires the Court to read the Trust or will document as a consistent whole. What […]
When a Court is asked to interpret a Trust or Will document, one of the primary rules of interpretation is Probate Code Section 21122, which requires that all words used in a Trust or Will be given their ordinary meaning. That seems like an obvious rule—shouldn’t all words be given their ordinary meaning? But funny […]
In our last post, we described California’s creation of Transfer-on-Death Deeds (“TOD Deeds”). And while TOD Deeds could prove a useful tool when used properly in estate planning, they also can lead to additional problems and headaches. So what action must you take if you fall victim to a bad TOD Deed? TOD Deeds fall […]
It can be hard to convince and judge or jury to rule in your favor unless you have a good back-story. That means a good reason why someone would have left you assets had they not been unduly influenced. In this video, partner Keith A. Davidson describes the need for a good story to go […]
The Law can be a powerful tool when used wisely. The law is there for a reason, to settle disputes, right wrongs, and help with an orderly flow of rights. The problem is that fewer and fewer lawyers are relying on the power of law. With trial dates hard to come by, and fewer lawyers […]
There are times when a parent or loved one may ask for your help in creating a Trust or Will. It is natural that when people want to put their affairs in order, usually near the end of life, they look to those who help them with everything else. The problem, however, is that there […]
What is the single biggest threat to your assets leaving your family? I will give you a hint, it ‘s not estate taxes. Many people believe that estate taxes will take a lion’s share of their estate when they die, yet estate taxes apply to few estates. This year, the estate tax exclusion amount is […]
In traditional nuclear families, the passing of assets from one parent to the other and then to the kids is a natural occurrence most of the time. But when you have a parent who marries a different spouse, a step-parent to you, then the passing of assets is not so simple; especially where the step-parent has children […]
Have you been nominated to act as Trustee of someone’s revocable Trust in Orange County? If so, you have just been handed a big headache. As Trustee you are charged with a mountain of duties and responsibilities. Unfortunately, many people who act as Trustee fail to understand the many duties they have. Instead, they think […]
