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 […]
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 […]
In California, the law puts a high price on a consumer’s right to privacy. Privacy is an important right that is guaranteed by both the U.S. Constitution and the California Constitution. That protection is great when it is used to shield your private information from the public. But it can pose a problem if you […]
Take everything you know about the English language and throw it out the window, you are about to enter the “Trust Zone.” The Trust Zone is an archaic place where we use centuries old concepts and language to express even the simplest idea. For example, in the Trust Zone you don’t leave your assets to […]
The complicated world of Trust and Estate taxation can be hard to navigate at times, but taxation has gotten a bit easier now that the Federal Estate Tax applies to far fewer estates. Basically, there are two broad categories of possible taxes: Estate Tax and Income Tax. Estate taxes only apply to estate with a […]
So you want to bring a lawsuit because a Trust was not administered properly by the surviving spouse? You better be prepared for a big surprise—your lawsuit may be sunk before it even starts if you do not understand how to properly preserve your rights in Court. The biggest problem with Will and Trust lawsuits […]
There is nothing an Orange County Trust and Will litigation attorney like me loves more than an estate plan done the wrong way. Poorly drafted plans, ambiguous language, unfunded trusts, it’s all a big mess…and music to my ears. But you did not set out to create a mess, did you? Of course not. In […]
