CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Tag Archives: Estate

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

Marital Rights Without Marriage — How Nonmarital Partners May Receive a Share of a Deceased Partner’s Estate Based Upon an Oral Promise Before Death

Posted in Estate Planning, Litigation
One of my first litigation cases was against attorney Thomas W. Dominick in San Bernardino County Probate Court. Tom is one of the best estate and trust litigators in California. To say the least, I was scared. The issue in that case revolved around whether my client had a right to his girlfriend’s real property after… Continue Reading

“Ordinary” Attorney’s Fees and “Extraordinary” Attorney’s Fees in Probate

Posted in Fees & Expenses, Litigation
Marc Alexander’s and William M. Hensley’s outstanding blog on California attorney’s fees recently commented on Estate of Fernandez, where Justice O’Leary discussed the difference between “ordinary” and “extraordinary” attorney’s fees in the probate arena. So, what is the difference between “ordinary” and “extraordinary” attorney’s fees that you pay an attorney to “probate” your loved ones… Continue Reading

The Terrorizing Effects of No Contest Clauses

Posted in No Contest Clauses
No contest clauses were originally referred to as “In Terrorem” clauses. In Terrorem is Latin for “To Scare the Pants off my Beneficiaries”—loosely translated. And that’s what a no contest clause is supposed to do, prevent a trust or will contest by disinheriting a beneficiary who dares to contest the terms of the instrument. California… Continue Reading
.