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 […]
One of the privileges of being married is that it comes with a host of legal duties and responsibilities. For example, under Family Code section 721, every spouse owes a duty of the highest good faith and fair dealing in transactions undertaken between spouses (try using that argument next time you want to watch your […]
There are times when a parent or loved one may ask for your help in creating a Trust or Will. It is natural that when people want to put their affairs in order, usually near the end of life, they look to those who help them with everything else. The problem, however, is that there […]
