Fighting For Your Inheritance
Fighting For Your Inheritance
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Hi, this is Keith Davidson at Albertson & Davidson. In this video, I want to discuss whether the successor trustee of a trust has an obligation to declare the trust settlor incompetent.
Let me explain some of those terms before…
This is not a medical blog, but medicine and the law interact extensively when it comes to determining (or challenging) a person’s legal capacity. To prove lack of capacity requires evidence of a mental defect, such as dementia or Alzheimer’s disease. Alzheimer’s also plays a role in proving a weakness of mind—required for undue influence.…
Lack of capacity is probably the most used concept in trying to overturn a California Will or Trust. And while nearly ever Trust or Will contest lawsuit contains an undue influence allegation, undue influence is usually minimized or even ignored altogether at trial. In this vide, Keith A. Davidson discusses how both concepts can be…
Our lates video post describes the concept of Lack of Capacity in California Trust and Will creation. For those viewing this blog by email subscription, you can click on the title for a link to the video.
People influence others every day, and most types of influence simply persuades a person to make a certain decision–where to eat, what to buy, who to like, you get the idea.
Sometimes influence can get out of hand and become “undue.” What separates normal influence from undue influence? Simply put, undue influence is coercion. It…
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…
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…
