CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Tag Archives: Court

Where’s the Will?? How Can I See The Will Of A Deceased Loved One?

Posted in Trust & Will Contests, Trusts, Uncategorized, Will Creation, Wills
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE This is Keith A. Davidson from Albertson and Davidson. In this video, I want to talk to you about the differences between Wills and Trusts. A lot of times people think that Wills and Trusts are the same thing, that they’re the… Continue Reading

California Trustees Must Provide Beneficiaries and Heirs with Copies of Last Will, Living Trust, and Amendments

Posted in Trust Administration
I get calls every week from California Trust, Last Will, and Estate beneficiaries complaining that they can’t get their brother or sister, who is the Trustee and Executor of their parents’ estate plan, to provide copies of the parents’ estate plan after the parents have died. I usually suggest the following. First, send a letter… Continue Reading

Motions to Compel = A Necessary Evil

Posted in Motions
Nobody Likes Motions to Compel:  Plaintiff attorneys don’t like them because they aren’t paid an hourly fee to draft them; Defense attorneys don’t like them because they know how effective these motions are at slicing through their procedural gamesmanship; and Judges don’t like them because these motions take up valuable court time with juvenile spats… Continue Reading

Court Decision Causes Consternation for Arbitration Clauses in Trusts: Can a California Trust Beneficiary be Forced into Arbitration after Diaz?

Posted in Trust Contests
An interesting case, Diaz v. Bukey, was decided on May 10, 2011 by California’s Second Appellate District pertaining to the issue of whether a mandatory arbitration clause in a trust applies to a trust beneficiary. Justice Steven Z. Perren, writing for a unanimous Court, held that the beneficiary of a trust who did not agree… Continue Reading

Alleged Financial Elder Abuser Must Face the Music: Los Angeles County Superior Court Keeps Lawsuit Alive

Posted in Elder Abuse
Trust and Will lawsuits often provide different paths to the same destination. My client, a trust beneficiary, recently filed a lawsuit against a trustee of a California trust for financial elder abuse, and at the same time sued for undue influence to set aside the Trust amendment created at the hands of the Trustee/Abuser. In… Continue Reading

Give me your facts: Why Form Interrogatory 15.1 is the most important discovery question in California

Posted in Discovery
California Form Interrogatory 15.1 (an “interrogatory” is just a question) is the most important interrogatory to serve on your opposing party in a lawsuit. And the law requires they answer it fully and completely. Yet, so many attorneys refuse to answer the question properly. A typical use of 15.1 follows: You file a Trust Contest… Continue Reading
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