Starting this year there is yet another way to pass property by avoiding probate: Transfer on death deeds. Transferring real property without having to go through probate sounds great, but there are a few strings attached. In the past, people have commonly used joint tenancy deeds to pass real property without having to go through […]
When your San Diego co-trustees can’t get along, you have to get one of them removed. In this video, partner Keith A. Davidson discusses how to remove a co-trustee. For more information, click this link: https://www.aldavlaw.com/carlsbad/
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 […]
Representing families can be tricky business because conflicts of interest for a lawyer can arise when and where you least expect it. Yet other times a conflict may not be present even where it appears there should be one. This can be explained by looking at the interests involved. Generally speaking, under rule 3-310(c) of […]
Most California Trust or Will lawsuits settle before trial, but settlements are only possible when both sides agree to a voluntary settlement. If no settlement is obtained, then you must go to trial. In this video, partner Keith A. Davidson describes trial in California Trust and Will lawsuits.
Having a position of authority over an elder can lead to undue influence. In this video, partner Keith A. Davidson discusses the important factor of apparent authority. For more information, click this link: https://www.aldavlaw.com/practice-areas/litigation/abused-trust-will-beneficiary-litigation/
There are certain people who are presumed to have obtained a gift under a Trust or Will by undue influence. If you happen to be one of these people, be aware that any Trust or Will amended that favors you may be easily overturned. Who are these special people? In California, a legal presumption of […]
So you want to get rid of your Trustee? Quite a few beneficiaries feel that way, especially when a Trustee fails to treat the beneficiaries fairly, fails to follow the Trust terms, and fails to properly invest Trust assets. It can be a challenge to remove a Trustee, in part because Court’s are at times […]
California financial elder abuse is one of the fastest growing problems in our society. As the Baby Boomer generation ages, they become increasingly more susceptible to financial scams. But not all financial scams are done by strangers. All too often it is those closest to an elder who do the most damage. How do you […]
