My approach to depositions using Motions in Limine
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Amend or Revoke a Revocable Trust
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Posted in Trust Amendment & Revocation, Videos
When trying to amend or revoke a Revokable Trust document, the number one place to start is with the actual trust document.
Motions to Compel by Stewart Albertson
Motions to Compel
The Lives Behind the Words: How California Trust and Will Lawsuits Affect our lives.
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Posted in Litigation, Trust & Will Contests
We should never forget when reading a written decision by any Court that there are people—real, live, breathing people—behind the words laid down in the Court’s opinion. I was recently reminded of this fact when I received a call from Tom Giraldin, son of William A. Giraldin, whose estate I discussed in an earlier blog…
Tales of the two-headed Trustee: How Co-Trustees can create a horror show for Trust administration.
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Posted in Trust Creation
Just in time for Halloween, the creation of the two-headed Trustee. They say two heads are better than one. So why not have two Trustees manage your Trust estate, or better yet a two-headed Trustee.
There can be strength in numbers. And many Trusts are administered with skill and grace with two Trustees at the…
Choose Wisely: Some considerations for choosing a good Trustee for a California Trust.
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Posted in Trust Creation
The biggest decision for anyone creating a revocable, living trust is the choice of Trustee. A Trustee acts as the manager of the Trust assets. They call all the shots, make all of the important decisions, and decide when and how the Trust assets will be distributed. The Trustee is in a very powerful position…
The Settlor Made Me Do It: California Court Clarifies When Beneficiaries Can Sue Trustees…And When They Cannot
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Posted in Trustee Breach of Trust
California Trust and Will litigation is like building a puzzle. There are a lot of moving parts in most cases and trying to figure out how and when to put the parts together can be confusing.
The Fourth District Court of Appeals recently set Trust litigators straight on how and when a Trustee can be…
Due Process Can Feel Unduly Burdensome: Why does our Court system take so long to do…anything!
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Posted in Due Process
One of the hardest things to understand for people who do not have experience with our judicial system is the amount of time it takes to resolve most matters in court. Why the wait? In part, it’s due to the backlog of cases in most courtrooms and the lack of funding these days to hire…
Simon says, “California Trustees: Follow the Trust Terms”
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Posted in Trust Administration
Shouldn’t Trust administration be like a game of Simon says? That’s the old school yard game where one person gives an instruction, but you’re only supposed to follow the instruction if it is preceded by the phrase, “Simon says.” For example, Simon says, “Touch your nose.” Simon says, “Touch your toes.” Simon says, “Make proper…
The Beneficiary’s Burden: The burden of being a beneficiary of California Wills and Trusts
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Posted in Beneficiary
I have posted many articles on the wrongful acts of bad trustees and I am just getting started on that subject. There is always more to write about.
I can’t help but notice that there is a general lack of understanding about the burden of beneficiaries as well. Legally speaking, beneficiaries of California Wills…