Unlike Wills, you can have an enforceable Trust that is not written down—referred to as an oral Trust. The idea behind an oral Trust is that you can give property (other than real property) to someone as a “Trustee” and ask them to hold it in favor of a beneficiary. The problem, of course, is […]
If your Trust is amendable, can you amend it with a handwritten change? The answer is probably yes, but maybe no. That’s sounds like a typical lawyer response. Let’s explore this a bit. Under Probate Code section 15402, a Trust can be amended according to the terms of the Trust. If the Trust terms are […]
We Trust and Will trial attorneys just love the confusing world of Bypass Trusts. What began as a simple way of saving money on estate tax has become a sword and shield of warring family members. In its simplest form, a Bypass Trust is created after one spouse dies. The Bypass Trust is supposed to […]
Generally speaking, it is supposed to be easy to determine if a Trust is revocable. The California Probate Code says that any Trust that is NOT “expressly made irrevocable” is a revocable Trust (see Probate Code section 15401). That means every Trust can be changed, amended, or terminated altogether unless the Trust terms say otherwise. […]
You are entitled to collect evidence in your Trust or Will lawsuit, but it is not always easy to do so. The California Code of Civil Procedure sets out an entire section designed to help you collect evidence, referred to as the Discovery Act. And while the methods to conduct discovery seem fairly straightforward, that […]
Lawyers love to argue, or so people think. I laugh sometimes at how lawyers talk to each other. We are a pretty rough and tumble bunch, especially now that civility among lawyers has largely gone out the window. If I talked to you the way I have to talk to other lawyers (or the way […]
Obtaining evidence before your trial takes place is governed by a thorough set of rules found in the California Code of Civil procedure and known as the Discovery Act. The Discovery Act is meant to make evidence equally available to all parties, and allow for a more transparent trial. And while that may be true, […]
Subpoenas are the weapon of choice for uncovering the truth. Subpoenas are different from other types of discovery because they are focused on non-party witnesses. That is, people or businesses that have information relevant to your case, but are not part of the lawsuit directly as a party. For example, in nearly every accounting case […]
Have you ever had a conversation that was noticed twenty days in advance, where you had to bring very specific documents, you were asked a series of questions that made little sense, someone copied down every word you said, someone else video taped the whole thing, and another person kept interrupting the conversation every thirty […]
Imagine this: a system where every party fully discloses the facts, witnesses, and documents they have so each side can fairly evaluate their case and prepare for trial. That was the primary purpose of the Discovery Act being passed into law—to make trials more fair and evidence more transparent. Unfortunately, the reality of gathering evidence […]
