CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Litigation

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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

Family Dysfunction Takes a Different Approach: Communication

Posted in Litigation, Trust & Will Contests
The problem underlying many Trust and Will disputes is bad family dynamics and dysfunctional family relationships. People just do not get along. And where there’s dysfunctional relationships, there’s misunderstandings galore. If you are dealing with a dysfunctional relationship, you have to take a different approach. That approach begins with communication–easier said than done, I know.… Continue Reading

Where Do You…Go To Sue? Do You Know Where to Sue Your California Trustee?

Posted in Litigation, Trustee Breach of Trust, Trustee Removal, Videos
Where do you sue your Trustee?  If you want to sue a Trustee in California, there are two issues you need to consider: (1) jurisdiction, and (2) venue. Jurisdiction is the big question—can this Trustee be sued in California? Venue is the smaller question—where in California must this Trustee be sued? Jurisdiction — The Big… Continue Reading

How to Handle Bad Trustees–Tangible Personal Property

Posted in Litigation, Trustee Breach of Trust, Uncategorized, Videos
Fairly often California Trust and Will lawsuits come down to the tangible personal property–things like photos, family heirlooms, and antiques.  But once one party takes off with these items how do you get them back?  Or how do you force the Trustee to give you the personal items you deserve?  In this video, partner Keith… Continue Reading
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