If you were to review every Trust or Will lawsuit filed in California, I would bet that 99% of those lawsuits plead a claims for lack of capacity to overturn a Trust or Will. Lack of capacity is, by far, the most pleaded claim in Trust and Will lawsuits. More accurately, it is the most […]
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“…with liberty and justice for all.” Remember that from the Pledge of Allegiance? Well, the Pledge may say, justice for all, but not everyone can afford justice on Trust and Will lawsuits in court. And justice in Trust and Will matters can be more subjective than you think. You certainly know what a just result […]
The single most pleaded claim to overturn a Bay Area Trust or Will is lack of capacity. And while you and I may believe the decedent clearly lacked capacity, proving that claim in court is another matter altogether. It takes an expert Proving lack of capacity starts with obtaining all of the decedent’s medical records. […]
The law of Trusts requires every Trustee to invest Trust assets “as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust.” 16047. The Trustee has a duty to consider: The general economic conditions Possible effect of inflation or deflation Expected tax consequences of investment decisions or strategies […]
Sibling rivalry is alive and well. Especially when it comes to inheritance fights. There’s a lot of psychology involved in this business. I don’t claim to be a psychologist or therapist, but I have a great dealing of experience watching people deal with siblings—both successfully and disastrously. And, of course, every situation and every person […]
How would you like to keep lawyers fully employed? Don’t like that idea? Well there are many people who do just that by naming two successor co-trustee’s of their revocable Trust. The thought is a good one: I like both people so why not have them act together. And being a Trustee is a lot […]
So you have a problem with your inheritance, what are you going to do about it? That’s a tricky question because every case is a little (or a lot) different. Mainly it depends on the type of estate planning device you need to overturn, challenge, or validate. For example, if you are dealing with a […]
Every beneficiary of a Trust has a right to information. What do you want to know about your Trust? What the assets are, how much each asset is worth, the expenses of the Trust, the timeline for paying creditors, the need for a preliminary or final distribution? All fair requests to make and it […]
Ask most lawyers in California how hard it is to prove up an undue influence claim in a Trust Contest or Will Contest. The answer is likely to be that it is difficult to prove undue influence in these types of cases. But that’s most likely due to these lawyers thinking about proving an undue […]
Under California Probate Code section 21700 a Decedent can make an enforceable oral contract to make a California Will or California Trust. Here’s how this situation usually arises. There is an older family member—we’ll call him Tom—who needs some additional care for the last few years of his life. Tom reaches out to his best […]