Probate Court Litigation

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

Is an oral promise to make a will or trust enforceable under California law? Contrary to what many believe, California law provides for the enforcement of oral promises to make a will or trust.

How does the promise to make a will or trust arise? Generally, a parent orally promises a child, a friend, or

Does a letter from a lawyer work to resolve disputes?  Not usually.  And having opposing lawyers write letters back and forth is a great way to incur legal fees, but not so great in getting anything resolved.

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The inherent problem with letters is that there is no penalty for ignoring them.  A lawyer can threaten

In our first Tools of War post we set out three general categories of information you need to know to be successful in trust and will litigation.  They were:

  • Civil procedure—things like motions and demurrers
  • Civil discovery—written discovery, depositions, and expert designations
  • Rules of evidence—including foundation, hearsay, and relevance.

Civil procedure and civil discovery we