When a person dies, the decedent’s loved ones must deal with the decedent’s property. The first question the decedent’s family members need to ask is: did the decedent have an estate plan in the form of a Will or a Trust?
If the decedent did have an estate plan, the terms of the Will or
How do Trust beneficiaries know how much they are entitled to? Often, rather than stating a specific dollar amount for each beneficiary, the Trust will state that each beneficiary is entitled to a certain percentage of the Trust estate. This can cause frustration if the Trustee will not provide the value of the Trust assets.
Who is liable for Trust debts? Is it the Trustee, the Beneficiaries, or the Trust itself? It helps to remember that a Trust is a separate legal entity. The Trustees and beneficiaries are not personally liable for debts owed by the Trust.
The Trustee is acting in a fiduciary capacity. The Trustee is
A Trust is an entity that holds 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
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Hi, this is Stewart Albertson with Albertson & Davidson and I want to talk to you about undue influence cases. What makes a good undue influence case and what makes a not-so-good undue influence case? And let me just set this
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Hi, this is Keith Davidson at Albertson & Davidson. And in this video, I want to discuss step-parents. And I don’t mean to disparage step-parents, there’s a lot of very good step-parent and step-child relationships out there. But, there’s also some
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
Did you know that there are situations where you could revoke your Will without meaning to do so? In this video I discuss the unintened Will revocation:
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Overturning a Will or Trust based on undue influence is not always easy. But if you know the type of evidence you need to support your case, then you have a much better chance of proving it in Court. In this video, Stewart Albertson discusses the way in which to prove undue influence in California
What type of evidence do you need to bring to Court to prove a lack of capacity for California Trust and Will cases? In this video I describe the type of evidence required.
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