"California Trust and Will Litigation"

A Trust is an entity that hold assets. Living Trusts are set up to benefit the Trust creators, (also referred to as the “Settlors,” or “Grantors,”) during their lifetimes. Living Trusts also provide the terms for management and distribution of the assets once the Grantors pass away.

Living Trusts are typically drafted by an estate

How do you replace a Trustee? The answer depends on the language in your Trust document. Most trusts have a specific section that outlines the procedure in which a Trustee can be replaced.

Some Trustees step down willingly. In certain instances, you can have a Trustee sign a document called a Resignation by Trustee, and

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Hi, this is Stewart Albertson with Albertson & Davidson and I want to talk to you just briefly about three important sets of documents that we need to get quickly in any type of trust or will contest.  So this happens

This is part three of a four part post discussing the newly created standard for proving undue influence directly in California Trust and Will contests.

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Effective January 1, 2014, the California Legislature has introduced a new standard for proving undue influence directly (found at Welfare and Institutions Code Section 15610.70; and made applicable to the

No Photo.jpgPredicting the outcome of a Trust or Will contest lawsuit is a bit like forecasting the weather.  You may have some idea of what is to come, but clear skies can turn into a thunderstorm with very little warning.  And when lawyers predict the wrong result for their clients, most clients get angry—even though the

How do you get a private trustee to take action?  A parent dies, one or more of the kids take over as trustee, and nothing happens.  The assets of the Trust aren’t gathered together (called marshaling assets), notice is not given to the beneficiaries (as required under P.C. section 16061.7), beneficiaries are kept in the