CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Trust Contests

Subscribe to Trust Contests RSS Feed

Time To Object To Your California Trust Or Will Lawsuit

Posted in Litigation, Trust Contests, Trustee Breach of Trust, Trustee Removal
When faced with a Probate Court Petition that you do not agree with, you must object. Luckily, in California you have some leeway on when you can object because our Probate Code allows interested parties to object orally at the initial hearing. In other words, you technically do not have to have a written objection… Continue Reading

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

California Caretaker Arrested for Forgery and Identify Theft of Family’s Living Trust

Posted in Trust Contests
Last week the San Bernardino County Sherriff’s office announced that they have arrested a caretaker for alleged forgery and identity theft of a family’s living trust.  This is big deal because wrongdoers are so rarely arrested and charged for their criminal actions in Trust and Will cases.  According to the San Bernardino County Sherriff’s office,… Continue Reading

Court Decision Causes Consternation for Arbitration Clauses in Trusts: Can a California Trust Beneficiary be Forced into Arbitration after Diaz?

Posted in Trust Contests
An interesting case, Diaz v. Bukey, was decided on May 10, 2011 by California’s Second Appellate District pertaining to the issue of whether a mandatory arbitration clause in a trust applies to a trust beneficiary. Justice Steven Z. Perren, writing for a unanimous Court, held that the beneficiary of a trust who did not agree… Continue Reading
.