What do you call a court filing that usually is a complete waste of time, but occasionally kills a lawsuit against you at the very outset of the case? Answer: a confusing morass??? No, the correct answer is a demurrer. Demurrers are funny things because they focus on a narrow issue of your lawsuit. In […]
There’s only one way to force a resolution on a California Trust or Will lawsuit: go to trial. But most cases settle before trial, that’s because most people choose to voluntarily resolve their lawsuit. But you cannot make the other side settle, it has to be voluntary at some point.
What happens when you cannot find an original San Diego Will? Can you still probate a San Diego Will even though you do not have a copy of it? These questions are answered by partner Keith Davidson in this video.
Many times a Trustee wants the Trust beneficiaries to sign a waiver of accounting and release of liability before any Trust distributions are made. It is understandable (from the Trustee’s perspective) that he wants to prevent any future lawsuits before all the Trust money is distributed. But do waivers and releases really work? In a […]
In traditional nuclear families, the passing of assets from one parent to the other and then to the kids is a natural occurrence most of the time. But when you have a parent who marries a different spouse, a step-parent to you, then the passing of assets is not so simple; especially where the step-parent has children […]
Sometimes just finding out if you are a beneficiary under a San Diego Trust can be difficult. In this video, partner Keith Davidson describes how to confirm you are a Trust beneficiary and obtain a copy of the Trust document.
What’s the difference between TV lawyers and real life lawyers? Everything? When you get involved in a real-life lawsuit it’s time to forget what you watched and prepare yourself for a more painful reality.
Have you ever heard of law and equity? Nearly everyone has heard of law, in fact many people believe the law is a set thing that is easily applied with clear-cut rules (not true in most cases by the way). Equity, on the other hand, is a lesser-known concept, which is ironic since a huge […]
No-Contest applies to questioning the executor? If you are the beneficiary under a Will that has a no-contest clause, you might be concerned about questioning the actions of the Executor; or for that matter, seeking to remove the Executor for bad acts while in office. Fear not, no-contest clauses are nearly impossible to enforce under California law. […]
Have you been nominated to act as Trustee of someone’s revocable Trust in Orange County? If so, you have just been handed a big headache. As Trustee you are charged with a mountain of duties and responsibilities. Unfortunately, many people who act as Trustee fail to understand the many duties they have. Instead, they think […]
