CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Litigation

Subscribe to Litigation RSS Feed

Who’s Pulling Your Strings? The Warning Signs of Undue Influence

Posted in Abuse & Fraud, Beneficiary, Capacity & Undue Influence, Elder Abuse, Fraud, Lack of Capacity, Litigation, Trust Contests, Uncategorized, Undue Influence, Will Contests
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE Hi, this is Keith Davidson with Albertson & Davidson. In this video, I want to talk about some of the warning signs that you should be aware of to clue you in that undue influence might be taking place with one of… Continue Reading

Step-Mommy Dearest…Can my Step-Mom Change my Father’s Will After my Father Dies?

Posted in Litigation, Probate Court Litigation, Trust Amendment & Revocation, Trust Creation, Uncategorized, Videos
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE Hi, this is Keith Davidson at Albertson & Davidson.  And in this video, I want to discuss step-parents.  And I don’t mean to disparage step-parents, there’s a lot of very good step-parent and step-child relationships out there.  But, there’s also some bad… Continue Reading

Up to the Challenge? Can I Contest A Will On My Own In California Or Do I Have To Have A Lawyer?

Posted in Abuse & Fraud, Beneficiary's Corner, Capacity & Undue Influence, Litigation, Trust & Will Contests, Trust Contests, Trusts, Videos, Will Contests
THE FOLLOWING IN A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE Hi, this is Stewart Albertson with Albertson and Davidson and we get this question every now and then, and the question is: Do I really need to hire a lawyer for my trust contest or will contest or can I do it… Continue Reading

Stealing My Gift! My Deceased Parents Gave Me Something Before They Passed That My Siblings Now Say Is Part Of the Estate

Posted in Beneficiary, Probate Court Litigation, Trustees & Beneficiaries, Wills
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE This is Stewart Albertson with Albertson and Davidson, and I want to talk to you about an issue that we do see from time to time called advances on inheritance. Advances on inheritance are essentially a loan that mom or dad makes… Continue Reading

Where’s the Will?? How Can I See The Will Of A Deceased Loved One?

Posted in Trust & Will Contests, Trusts, Uncategorized, Will Creation, Wills
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE This is Keith A. Davidson from Albertson and Davidson. In this video, I want to talk to you about the differences between Wills and Trusts. A lot of times people think that Wills and Trusts are the same thing, that they’re the… Continue Reading

Will you lose your inheritance??? The Beneficiary’s Corner — Course 5 California No Contest Claims

Posted in Beneficiary's Corner, Litigation, Trust & Will Contests
If you find your inheritance being reduced or eliminated and you want to take action to protect yourself in court, you may want to first consider California No Contest clauses.  California Trusts and Wills often contain a no contest clause that states you will be disinherited if you challenge the terms of the Trust or… Continue Reading

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

Affirmative Defenses: How To Best Defend Against a California Trust Or Will Lawsuit

Posted in Litigation
The best defense is an Affirmative Defense You have been sued on a Trust or Will dispute and you have to defend yourself. The most obvious defense is to disagree with the allegations contained in the petition filed against you. But there is another type of defense: the affirmative defense. Affirmative defenses are independent legal and… Continue Reading

Is Your California Trustee…Impartial? The Duty Of Impartiality

Posted in Litigation, Trustee Breach of Trust, Trustees & Beneficiaries
  The duty of impartiality: Is your Trustee treating you equally? Imagine a world where a Trustee treats each of the Trust beneficiaries equally. That is supposed to be the world we live in for ALL California Trust matters (California Probate Code section 16003), but it does not always work that way. All too often… Continue Reading

Family Dysfunction Takes a Different Approach: Adapt And Modify

Posted in Litigation, Trust & Will Contests
When dealing with dysfunctional family relationships, you have to be ready to adapt and modify. In other words, be creative. Taking a hard stance and expecting others to “take it or leave it” is rarely a successful strategy when dealing with anybody—let alone dysfunctional relations. While the typical Trust or Will lawsuit is rather complex,… Continue Reading

Family Dysfunction Takes a Different Approach: Documentation

Posted in Litigation, Trust & Will Contests
If you are dealing with a dysfunctional family relationship, there is going to be some misunderstandings along the way.  Dysfunctional relationships do better with proper documentation. You may have a hard time communicating with dysfunctional family members, but the written word is much harder to refute than a game of he-said, she-said. In fact, the… Continue Reading
.