What is A California Trust and Will Litigation Lawyer?
It takes knowledge and experience in two district areas, trust and wills and litigation/trial, to make a California trust and will litigation lawyer complete.
Deadline to Sue: a discussion of the statutes of limitation in California Trust and Will cases.
Like nearly every legal claim or cause of action, Trust and Will lawsuits carry various limitation periods within which to file suit. The complexity lies in how the various limitations work, when they apply, and how they overlap in this area.
Attorneys' Fee--The necessary evil of paying for justice can be managed in many ways with some creativity
Attorneys' fees--about as enjoyable as "death and taxes." The unfortunate reality of our legal system is that it takes money to stand up for your rights. In this video we discuss the ways in which we work with clients to offer various fee arrangements in representing them in California Trust and Will litigation. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Undue Influence vs. Lack of Capacity: There's more than one way to overturn a California Will or Trust
Lack of capacity is probably the most used concept in trying to overturn a California Will or Trust. And while nearly ever Trust or Will contest lawsuit contains an undue influence allegation, undue influence is usually minimized or even ignored altogether at trial. In this vide, Keith A. Davidson discusses how both concepts can be used to overturn a California Will or Trust. For those viewing this blog by email subscription, you can click on the title for a link to the video.
California No Contest Clauses: The confusion continues
In January 2010, California once again changed the law of No-Contest clauses in an attempt to make the area easy to apply. Hard to say if that goal was accomplished. In this video we discuss some of the basics of California No-Contest clauses. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Trustee Removal: A discussion of the challenges in removing a California Trustee
Our latest video post provides a discussion of the challenges faced by a beneficiary in trying to remove a Trustee of a California Trust. For those of you viewing this blog post by email subscription, you can click on the title for a link to the video.
Abused Trust Beneficiary: Our definition of an abused California Trust or Will beneficiary
There are many cases in which a beneficiary is abused at the hands of his or her Trustee or Executor. Stewart R. Albertson discusses his definition of an abused Trust and Will beneficiary. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Trust Investing: A California Trustee's duty to invest assets prudently
California Trustees, Executors and Conservators have a legal duty to manage assets conservatively and "prudently." The rules are set out in the California Probate Code under the Uniform Prudent Investor Act. In this video we have a brief discussion of Trust investing. For those viewing this blog by email subscription, you can click on the title for a link to the video.
California Trust and Will Beneficiaries have a Right to Information
Every beneficiary of a California Trust and Will has a basic right to information. They have a right to see the Trust or Will document(s), they have a right to asset information, they have a right to full disclosure. Yet not every Trustee or Executor complies with requests for information. This video describes a beneficiary's basic right to information. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Abused Beneficiaries: We explain our view of an abused California Trust and Will beneficiary
California Trust and Will beneficiaries are subject to abuse in some cases at the hands of a rogue Trustee. This video explains our view of an abused beneficiary. It is important to acknowledge these cases and we fight hard to help beneficiaies who are abused. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Lack of Capacity in California Trust and Will Creation
Our lates video post describes the concept of Lack of Capacity in California Trust and Will creation. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Will and Trust Creation: The basic requirements of California Trust and 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 you Father O'Brien!), who taught at Loyola Law School in Los Angeles). For those viewing this blog by email subscription, you can click on the title for a link to the video.
Capacity Issues: Different types of capacity required for California Trusts vs. Wills
California Wills and Trusts are not created equal. In this video, we describe the basic differences between the mental capacity required for California Will creation and the mental capacity required for California Trust creation. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Joint Tenancy Bank Accounts: The pitfalls of using joint tenancy in California estate planning
Joint tenants beware. Placing assets in joint tenancy presents a number of pitfalls in Califonria estate planning. We discuss a few of those pitfalls in this video. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Undue Influence: How undue Influence is used to overturn a California Trust or Will
See Video Below:
Stewart R. Albertson discusses how undue influence is used to overturn a California Will or Trust. There are two ways to prove undue influence in California, either directly or by shifting the burden of proof onto the opposing party. Stewart describes the basic concepts. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Meet Albertson & Davidson, LLP: Why we practice law as California Trust, Estate and Probate litigtion lawyers
This video post is our informal discussion of why we practice law. It is important for us to know our purpose in practicing law. In fact, we put our purpose on the first page of our website, and we talk about it constantly. For those viewing this blog by email subscription, you can click on the title for a link to the video.
