CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Trust & Will Contests

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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

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

How Do I Get What’s Rightfully Mine? California Trust and Will Lawsuits Can be a Real MESS

Posted in Litigation, Podcasts, Probate Court Litigation, Trust & Will Contests
That’s a loaded question.  It all depends on how the asset you are seeking to recover was titled.  Even though you, and probably your parent, thought that all assets were in one basket and you can simply file one document to get what is rightfully yours, you are mistaken (welcome to Trust and Will law—be… Continue Reading

Ninth Circuit Rules in Favor of Admitting Statements of a Decedent at Trial

Posted in Litigation, Trust & Will Contests
Objection, hearsay!  We hear that term “hearsay” all the time—in the movies, on T.V., and in real life court proceedings.  The idea behind the “hearsay” rule, which prevents certain statements and documents from being admitted as evidence, is that not everything people say is reliable or even truthful (imagine that).  As straightforward as that rule… Continue Reading

The Lives Behind the Words: How California Trust and Will Lawsuits Affect our lives.

Posted in Litigation, Trust & Will Contests
We should never forget when reading a written decision by any Court that there are people—real, live, breathing people—behind the words laid down in the Court’s opinion.  I was recently reminded of this fact when I received a call from Tom Giraldin, son of William A. Giraldin, whose estate I discussed in an earlier blog… Continue Reading

Legal Lingerie: Fighting Over Personal Property In California Trusts and Wills

Posted in Trust & Will Contests
No one really wants to inherit their parents unmentionables after they die (at least I don’t), but what about all the other personal items left behind?  From jewelry, furniture and antiques, to china, silverware, dishes and momentos, everything is an object over which a fight can ensue between siblings.  The authority in the area of… Continue Reading

Brain Power-How Personality Effects Trust and Will Contests

Posted in Trust & Will Contests
You don’t need to have legal experience to know that different people act in different ways to any given situation.  Especially stressful situations.  Lawsuits are very stressful for most people involved in them.  Trust and Will related lawsuits are even more so because it typically involves family, meaning family relationships and long-standing family dynamics that have nothing to… Continue Reading

May The Best Contestant Win…Contesting A California Trust vs. A California Will

Posted in Trust & Will Contests
Listen to Keith A. Davidson summarize his blog post on the difference in contesting a California Trust and a California Will. Which is better—A Trust or Will if a fight takes place for your assets after your death?   One of the primary reasons people create Living Trusts (also called Revocable Trusts and Revocable Living Trusts)… Continue Reading
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