Did you know that amending a California Trust is not the only way to “amend” a Trust? Sounds like a riddle, but it’s actually a concept known as a “power of appointment.”
A Trust amendment is a simple way to change a California revocable Trust. And an amendment can change any part of the Trust
To hear estate planning attorneys talk, you would think a revocable, living trust cures all ills. And yet, so many trust cases find their way to Court—the one place the settlor hoped to avoid by making a Trust in the first place.
While all Trusts can potentially wind up in Court—that venue should be avoided.
Practice your Voir dire
Assets in Trust and Will Litigation
Will and Trust Litigation
My friend and colleague, Michael Hackard, with Hackard Law in Sacramento, California, approached me the other day with an intriguing and much overlooked concept to recapture lost assets from an elder abuser: “constructive trusts.” Our discussion lead to the following article that we co-drafted on the issue of constructive trusts.
THE PROBLEM: FINANCIAL ABUSE
Part 1: What is the right to privacy?
Do you have a right to privacy anymore? in this age of ubiquitous information and password breaches, its hard to imagine that anything is confidential.
In California, an individual’s right to privacy is contained in our State’s Constitution–so it is a Constitutional right. And the Court will uphold
It’s not everyday that the California Court of Appeals hands down new law in the area of trusts and wills. Most of our laws and rules in this area have been in place for centuries.
This month, however, the Fourth Appellate District recognized a new claim for California beneficiaries called “Intentional Interference with Expected Inheritance” (referred
The probate process is probably one of the most archaic procedures we still have in our legal system. Probate simply means to prove-up a Will—it’s the process where a Will is determined to be valid by the Court, it is then “admitted” to probate (as we say), an Executor is appointed and the administration of
Like nearly every legal claim or cause of action, Trust and Will lawsuits carry various limitation periods within which to file suit. The complexity lies in how the various limitations work, when they apply, and how they overlap in this area.