Fun fact: Trusts are not testamentary documents. That means Trusts do not have to follow all of the strict rules required to make a valid Will. Wills require a written document, signed by the decedent and witnessed by two witnesses…not so for Trusts. Trusts fall into a broad category of estate planning vehicles known as […]
Mediations are widely misunderstood, I think. Some people like them, some people hate them, and most people have no idea what they even are. Mediations are really just settlement talks. It is a meeting in a neutral office usually with a neutral party present. The neutral party is either a lawyer or a retired judge, […]
Many people think that they can march into court and present whatever document or witness they have to the court. But trial is not that easy. There is an entire Evidence Code designed to stop unreliable information from reaching the ears of the decision maker (either judge or jury). The Evidence Code is meant to […]
We have all seen a television show or movie where a lawyer stands up and presents a “surprise” witness. The crowd in the courtroom gasps, the opposing attorney stands up and strenuously objects, but the judge allows the witness to take the stand and the case is won on the strength of this single witness. […]
If you are heading into trial, you will be expected to prepare and file a trial brief with the court. Every judge is a little different and some of them want specific items in the trial brief (so check your local rules and the judge’s trial preparation rules). But the basics are fairly similar throughout […]
So you want to appeal your Orange County Trust or Will lawsuit, are you sure? Overturning a trial court’s decision on a Trust or Will matter is not so easy. In fact, that is true of most trial court decisions, but even more so in probate because of the wide discretion given to judges in […]
Appealing a Probate Court’s order on a Trust or Will lawsuit is not so easy. That is true of nearly all civil cases actually—appellate review is rather limited in scope and therefore rarely results in overturning a trial court decision. In fact, the law states that an appeal court is not supposed to re-try the […]
So you want to appeal your Bay Area Trust or Will lawsuit after trial? In the normal world of civil lawsuits, the rules for when you must appeal are fairly easy to maneuver because it is based on the entry of the judgment and there is only one judgment. In Trust and Will lawsuits, however, […]
Under California Probate Code section 15800, a Trustee of a revocable Trust only owes duties to the person who has the power to revoke, so long as that person is living and has capacity. That means if you are the beneficiary under a revocable Trust, you do not have the rights normally given to Trust […]
If you are suing to overturn a Trust or Will, or taking any other action for that matter, on the basis of capacity or undue influence, then you need an expert witness. In fact, in any case where there is information in medical records, you need an expert witness. Why? Because of a little thing […]
