As a lawyer I can’t guarantee you a win. If I could I would be the most successful lawyer on the face of the planet. But any lawyer who guarantees a result isn’t being truthful. And any lawyer who intimates a result by saying things like “I never lost a trial” or “I’ve won 98%
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The Eyes are the Window to the…Diagnosis for Alzheimers?
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Posted in Lack of Capacity, Undue Influence
This is not a medical blog, but medicine and the law interact extensively when it comes to determining (or challenging) a person’s legal capacity. To prove lack of capacity requires evidence of a mental defect, such as dementia or Alzheimer’s disease. Alzheimer’s also plays a role in proving a weakness of mind—required for undue influence.…
Can You Prove Due Execution? Authenticating Will signatures can be tricky
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Posted in Will Contests
Wills are statutory creatures. What does that mean? They are created, and governed, almost exclusively by the black letter law in our California Probate Code. In other words, there is no fundamental constitutional right to create a Will in a certain manner. You have to follow the rules set down by law, and if you…
The Prudent Investor Rule: Trustees must be prudent or be liable for Trust losses…
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Posted in Trustee Breach of Trust
A Trustee’s duty to manage Trust assets is very different from how you are allowed to manage your own individual assets. This is America, you can manage your own finances any way you please. You can be risky and invest big, you can be conservative and invest small, or you can hide your money in…
California Financial Elder Abuse
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Posted in Elder Abuse, Videos
Our next video features Stewart R. Albertson discusses the finer points of Financial Elder Abuse in California Trust and Will litigation cases.
To our email subscribers: click on the title link to view the video on our website.
Choose Wisely: The importance of Trustee selection in California Trusts
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Posted in Estate Planning, Videos
In this video, Keith Davidson discusses the factors that comprise a good Trustee selection for your California Trust.
For our email subscribers: click the title link to view the video on our website.
The Difficult Path of Trustee Removal
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Posted in Trustee Removal, Videos
Partner Keith A. Davidson discusses the difficult path of Trustee removal in California Trust cases. While not impossible, removing a Trustee can be harder than you think.
For our email subscribers: click on the title link to view this video on our website.
Trust Revocation: How to terminate your California Trust
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Posted in Estate Planning, Videos
Keith Davidson discusses the methods you can use to revoke your California Trust.
For our email subscribers: click the title link to view the video on our website.
Time to Account: How to obtain a Trust accounting
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Posted in Trustee Breach of Trust, Videos
Need information about your Trust? You better obtain a Trust accounting. Keith Davidson discusses the ways in which you can receive the information you rightly deserve.
For our email subscribers: click the title link to view this video on our website.
A Family Affair: How the law complicates your family’s Trust and Will disputes
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Posted in Conservatorship, Trust & Will Contests
Trust and will disputes are confusing because the way you see your family and their assets can be very different from how the law sees it. You may see your family as one group of people related by blood. If one of your siblings is taking advantage of your parents, then you should be able…