Think you have a slam dunk legal case? Well in my 12 years of litigation experience (all in California) I’d say there is no such thing. But if you were to have a slam dunk case, at a minimum you would need at least five different things to come together in your favor. Here are
Trust & Will Contests
Assets in Trust and Will Litigation
Assets in Trust and Will Litigation
Will and Trust Litigation by Stewart Albertson
Will and Trust Litigation
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.
Ninth Circuit Rules in Favor of Admitting Statements of a Decedent at Trial
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…
The Lives Behind the Words: How California Trust and Will Lawsuits Affect our lives.
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…
Expect the Unexpected…And other clichés that ring true in trust and will lawsuits.
If you only knew what can happen in the life of a typical trust or will lawsuit—or civil lawsuit for that matter. Bismark famously said that “Laws are like sausages, it is better not to see them being made.” Add litigation to that list.
But then again, every case is different. Where some cases seem…
The Trust and Will Shell Game: The Who, What, When, Where, and Why of Contesting California Trusts and Wills
Trust and Will litigation is a bit of a shell game. You remember the shell game, where a pea is placed under one of three shells and then the shells are re-sorted as quickly as possible so as to lose track of which shell has the pea. The observer is then asked to pick the…
Legal Lingerie: Fighting Over Personal Property In California Trusts and Wills
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…
Brain Power-How Personality Effects Trust and 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…