Our Blog Posts

Youre Fired

Want to prevent disaster in your estate? Time to build in some good old-fashioned accountability for the successor Trustee of your California Trust. The best way to hold a Trustee accountable to the beneficiaries is to give the beneficiaries the right to remove and appoint an alternate Trustee. All too often, standard Trust provisions fail […]

whats a will

In California, we have holographic Wills, which allows almost any handwritten object to be a Will. In this video, partner Keith A. Davidson describes holographic Wills. For more information, please visit: http://www.aldavlawcarlsbad.com/practice-areas/estate-probate-litigation/

the mystery

The best part of any Trust accounting are the schedules because that’s were the information you need to know is all laid out in detail—or not. A Trust account must have a summary page at the front that lists the bulk numbers for things like assets on hand at the start of the accounting period, […]

The Slow Decline of California

Why is anyone still using no-contest clauses in California Trusts and Wills? This has to be one of the most abused, misused, and misunderstood Trust provisions ever. And yet, I bet you anything that if you look in your Trust or Will right now you will find a no-contest clause. No-contest clauses are well intentioned—to […]

Who Can You Trust

Want to prevent disaster in your Orange County Trust plan? It starts with whom you put in charge after you’re gone. It sounds obvious that you need to choose a good Trustee for your Trust to manage your financial affairs, and yet so often that does not occur. I know, I know, you want to […]

But You Promised

If someone promises to name you in a Will, but then fails to do so, you may have a contract right to enforce that promise. In this video, partner Stewart Albertson describes the power to enforce a contract to make a Will. For more information, please visit: http://www.aldavlawbayarea.com/practice-areas/contested-trusts-wills-probate-litigation/

what are you thinking

You may know what your parent’s intent was, but if you are going to prove that intent in court you are going to need some credible evidence to back that up. In this video, partner Keith A. Davidson describes the evidence you need to prove intent in California Trust and Will contest cases.

time to close shop

All goods things must come to an end…and probate’s end too. Once you have done everything required of you to administer the estate, it is time to report your actions to the Court, account for the money and property under your control, and ask to be paid your fees. All of this is accomplished by […]

Probate Notice

If you have ever tried to start a California Trust or Will lawsuit by yourself in court (or any other legal matter for that matter), you may have been surprised about how hard it is just to get the case started. The most important issue people have trouble with is notice, legal notice that is. […]

Is Your Step Parent Pulling the Strings

Proving a step parent unduly influenced your parent can be nearly impossible, until recently. Changes in California law may make this type of claim easier to bring. In this video, partner Stewart Albertson discusses the ways in which to bring an undue influence claim against step parents.