CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Wills

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Undue Influence: Convincing a Person NOT To Act

Posted in Capacity & Undue Influence, Trust Contests, Undue Influence, Videos, Will Contests
Can you unduly influence someone NOT to take an action?  In nearly all Trust and Will disputes, an undue influence claim is brought to overturn a Trust or Will that was executed while the elder was unduly influenced.  But not every Trust and Will case turns on action, sometimes inaction can be just as damaging.… Continue Reading

Can You Escape a California No-Contest Clause?…Probably…

Posted in Litigation, No Contest Clauses, Videos
Under California law, no-cotest clauses in California Trust and Wills have been substantially limited in their applicability.  In most cases they simply will not apply.  But even when a no-contest clause does apply, it may still be possible to escape its affects.  In this video, Stewart Albertson discusses when you can escape the harsh affects… Continue Reading

Broken Promises: Are Oral Promises to Make a California Trust or Will Enforceable?

Posted in Beneficiary, Litigation, Probate, Probate Court Litigation, Trust Creation, Trustees & Beneficiaries, Will Creation, Wills
Is an oral promise to make a will or trust enforceable under California law? Contrary to what many believe, California law provides for the enforcement of oral promises to make a will or trust. How does the promise to make a will or trust arise? Generally, a parent orally promises a child, a friend, or… Continue Reading

The Myths and Misinformation of California Probate and California Trust and Will Lawsuits.

Posted in Litigation, Probate
The confusing world of Trust and Will lawsuits, it can be quite a quagmire.  Especially if you are looking on the internet for information because every state does things differently when it comes to the trust and will arena.  Even the term “Probate Court” can mean vastly different things in different states. Let me see… Continue Reading

Contract to Make a Will

Posted in Videos, Will Contests
Have you ever had someone promise to leave you something at their death in return for you taking care of that person?  You may have a contract to make a Will, which is enforceable in California.  In this video, Stewart Albertson discusses the way in which you can enforce a contract to make a Will… Continue Reading

The Unintended Will Revocation

Posted in Will Contests
You may be surprised to learn that your Will could be revoked without you even knowing it.  Under Probate Code section 6124, if your original Will was in your possession at the time of death and if the original Will cannot be found, the law presumes that you destroyed the Will with the intent to… Continue Reading

In Trusts we Trust: When should you create a Trust in California?

Posted in Estate Planning, Wills
I have heard it a million times before: “I don’t need a Trust because ____________” you fill in the blank: I don’t have enough money, I won’t care when I’m dead, California probate is easy, my wife and I own everything in joint tenancy…there’s many, many excuses and misinformation regarding Trusts in California. In California,… Continue Reading

Pardon Our Probate Fees: Written Fee Agreement Not Required for Payment of Probate Attorneys’ Fees

Posted in Probate
Lawyers have rules that we must follow (no, seriously we do), and one of them is that any engagement where we estimate the fees to the client will exceed $1,000 must be documented by a written fee agreement—sometimes called retainer agreement or engagement agreement.  See Bus. & Prof. Code Section 6148.   The California Court of… Continue Reading

Will and Trust Creation: The basic requirements of California Trust and Will creation

Posted in Trust Creation, Videos, Will Creation
Keith A. Davidson describes in this video the basic requirements for creating a California Will and Trust. He refers to the basic creation elements as “formalities” and “intentionalities”, terms he uses in teaching California Will and Trust creation at Chapman Law School (which he borrowed from his own Trust and Will professor, Father O’brien (thank… Continue Reading

Coping with Incapacity: How Trust Planning Is Life Planning

Posted in Estate Planning, Lack of Capacity, Will Creation
How does your trust help you while you’re alive?  Many people think of trusts as death planning instruments–the type of thing that only operates upon your death. But trusts have a critically important role to play while you are alive in the event you lose capacity.  People are living longer and the likelihood of being… Continue Reading
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