Our video series continues with Keith A. Davidson explainging what to expect from your Trust and Will litigation lawyer:
For our email subscribers: click the title link to view the video on our website.
Herbalife Founder’s Death is a Lasting Legacy for Trust Litigation.
The tangled web of litigation can cause some pretty funny alliances at times. Emily Green of the Daily Journal reported on February 28, 2013 that the estate of Mark R. Hughes, founder of Hebalife, Ltd., who died in 2000, is still being litigated in the appellate court. The latest turn of events comes
Clear and Convincing–The Higher Standard for Dislodging Joint Bank Accounts After Death
Joint accounts—the most confusing asset in the estate planning word. Especially joint bank accounts. They start off relatively harmless with a parent naming one of their children as a joint account holder to help pay bills and manage finances. But rather than add a child only as an agent over the account (which would expire
Pay to Play is the American Way: Why Your Attorneys’ Fees May Not Get Reimbursed Even if you Win
Every party to a lawsuit would like to have their attorneys’ fees paid by the other side, especially if the other side loses. That rarely happens in the U.S. because we have the “American System” of attorneys’ fees—that is each party pays their own.
There are a few exceptions, such as when parties enter into
Beware of the Greedy Heir
Want to know why beneficiaries lose Trust and Will cases? They fall prey to the “greedy heir” defense. The greedy heir defense goes like this: a beneficiary challenges the wrongful acts of a Trustee and the Trustee responds by saying the beneficiary is just greedy. Or an heir who has been disinherited challenges a Trust
The Tools of War Part Two: How to gather the ammunition necessary for a battle in Probate Court
In our last 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, relevance, etc.
Civil procedure we discussed. Now let’s tackle civil
The Tools of War: How to arm yourself with knowledge for a battle in Probate Court
If you’re going to do battle in Probate Court do you need to know more about Trusts and Wills or more about litigation? The obvious answer is you need to know about both. And while knowing about Trusts and Wills is critical, knowing a thing or two about civil litigation is also a must.
For example
Being a Beneficiary Can Cost You: How the “American Rule” for attorneys’ fees can feel Un-American.
Beneficiaries have all the legal rights, and none of the legal obligations, when it comes to California Trusts and Wills. But beneficiaries, at times, have one very practical obligation—paying to enforce their rights.
For beneficiaries of California Trusts, it’s every beneficiary for him or herself. That means there is no governmental oversight of Trustees until
Passing (Assets) Interference…10 Yard Penalty: California Recognizes New Claim in Trust and Will Law!
It’s not everyday that the California Court of Appeals hands down new law in the area of trusts and wills. Most of our laws and rules in this area have been in place for centuries.
This month, however, the Fourth Appellate District recognized a new claim for California beneficiaries called “Intentional Interference with Expected Inheritance” (referred
A Practical Postmortem: Convincing Opposing Counsel to Dissect a California Lawsuit
At the end of every case—whether it’s settled or by way of judgment after a trial—I ask the opposing attorney to sit down with me to do a full review of the case. All issues in the case are open for discussion, except for attorney-client communications or any other privileged matters.
The purpose of the