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 someone into changing a Trust […]
Is it legal to name a caregiver as a beneficiary of a Trust or Will? The answer is… maybe. Here are the things you need to know about naming a caregiver as a beneficiary of a Trust or Will in California: When a Caregiver is Named as a Beneficiary of a Trust or Will, A […]
If you are an occupant of a property owned by a trust, here is what you should know. The trustee is the legal owner of the trust property and may have the right to evict you, even if you are beneficiary. The first thing you should do is ask the trustee for a copy of […]
Are you entitled to an inheritance under a trust, but the person in charge is mistreating you? Here are some of the ways trustees mistreat beneficiaries: Refusing to provide information Unreasonably withholding distributions Ignoring communication with the beneficiaries Exercising favoritism Misappropriating trust assets Failing to comply with trust terms Self-dealing or stealing trust assets Living […]
You Think you are Entitled to an Inheritance Under a Trust, but the Person in Charge Wont Hand it Over. Receiving an inheritance should be easy… right? If you have a good trustee, yes. If you have a bad trustee, obtaining your inheritance may involve some work. The first step is to ask the trustee […]
If you are represented by the right trust or estate litigation lawyer, he or she will have taken some time to prepare you for the deposition. Your lawyer may have taken a half day or a whole day to prepare you for the deposition questions, not just had a brief conversation in the parking lot […]
The answer, generally, is yes, you can force a deposition. You can take a deposition of anyone that might have information that could lead to the discovery of admissible evidence at the time of trial. It’s a very broad, open rule that allows us to take depositions. We certainly can take a party’s deposition under […]
Why do depositions happen? In my opinion, depositions are the best tool that a lawyer has before trial to gather information. That’s because you’re going to have either a party on the other side or perhaps a witness, who is going to be able to answer questions about what happened. They’ll have to answer follow-up […]
You’ve been involved in a trust and estate litigation for a few months now, and you’ve just learned that you are going to have your deposition taken. You ask your lawyer what to expect? What your lawyer will typically tell you is that you are going to go to a room where another lawyer is going to be taking your […]
What are the possible outcomes of a mediation? Obviously, the best outcome would be a settlement of the trust or will case. Keep in mind that to reach a settlement of the case, both sides are going to have to concede things in the mediation. Both sides go away a little bit unhappy. But they […]
