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 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
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE
Hi, this is Keith Davidson with Albertson & Davidson. In this video, I want to talk about some of the warning signs that you should be aware of to clue you in that undue influence might be taking place with one
When you bring a Will or Trust contest the facts you use to overturn an unfair Will or Trust may also apply to support a Financial Elder Abuse claim. It is important to know how to use a Financial Elder Abuse claim properly.
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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.
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
In this video, Stewart Albertson describes how to use Financial Elder Abuse laws in California Trust and Will cases.
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Another year is in the books and it’s time to look back at the best of our law blog for the year. We have had another great year and great feedback from people who read (and apparently enjoy) this blog. We love giving out good information, so your comments and feedback are always welcome. In
Our next video features Stewart R. Albertson discusses the finer points of Financial Elder Abuse in California Trust and Will litigation cases.
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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
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