California Trust and Will beneficiaries are subject to abuse in some cases at the hands of a rogue Trustee. This video explains our view of an abused beneficiary. It is important to acknowledge these cases and we fight hard to help beneficiaies who are abused. For those viewing this blog by email subscription, you can
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Will and Trust Creation: The basic requirements of California Trust and Will creation
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Keith A. Davidson describes in this video the basic requirements for creating a California Will and Trust. He refers to the basic creation elements as “formalities” and “intentionalities”, terms he uses in teaching California Will and Trust creation at Chapman Law School (which he borrowed from his own Trust and Will professor, Father O’brien (thank…
Capacity Issues: Different types of capacity required for California Trusts vs. Wills
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Posted in Lack of Capacity
California Wills and Trusts are not created equal. In this video, we describe the basic differences between the mental capacity required for California Will creation and the mental capacity required for California Trust creation. For those viewing this blog by email subscription, you can click on the title for a link to the video.
Joint Tenancy Bank Accounts: The pitfalls of using joint tenancy in California estate planning
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Undue Influence: How undue Influence is used to overturn a California Trust or Will
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Posted in Undue Influence
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Stewart R. Albertson discusses how undue influence is used to overturn a California Will or Trust. There are two ways to prove undue influence in California, either directly or by shifting the burden of proof onto the opposing party. Stewart describes the basic concepts. For those viewing this blog by email subscription…
Meet Albertson & Davidson, LLP: Why we practice law as California Trust, Estate and Probate litigtion lawyers
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Posted in Litigation, Our Attorneys
This video post is our informal discussion of why we practice law. It is important for us to know our purpose in practicing law. In fact, we put our purpose on the first page of our website, and we talk about it constantly. For those viewing this blog by email subscription, you can click…
Love Thy Lawyer: How to Find the Right Fit in the Lawyer-Client Relationship
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Posted in Tips
As a client, you want help. As a lawyer, I want to help you. So why doesn’t every lawyer-client relationship result in a perfect fit? As with any human relationship, there are a few things that can stand in the way of a good match. For lawyer-client relationships, I consider the following topics of primary…
Excessive Conservation: Conservatorship Cases in California Can be Costly to all Concerned
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Posted in Conservatorship
Conservatorship is the Court process for taking control of an adult’s finances and personal care in California when there is no other planning in place—such as a Trust or Will. (Some states refer to it as “guardianship,” but in California guardianship only applies to minors–conservatorship is for adults).
Conservatorships are supposed to “conserve” a person’s…
The Backdoor Beneficiary: How Your New Spouse is Automatically a Beneficiary of Your Estate in California
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Posted in Estate Planning
Love and marriage may go together (like a horse and carriage…), but marriage and estate planning may be another story.
If a person creates a Will or a Trust in California and then subsequently marries, that person’s new spouse automatically becomes a beneficiary of the Will and Trust by operation of law. Many times people…
A Trial Lawyer’s Journey from Fat to Fit–And My Favorite Fitness Gurus
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Posted in Litigation, Our Attorneys
In April 2009 I weighed 216 pounds. I’m 6’1” so I didn’t consider myself to be overweight. In fact, at this time, I was riding my road bike 60 to 90 miles per week, and even competed in the L.A./Kaiser triathlon the year before. But my diet was terrible. I ate way too much food—including…