Fighting For Your Inheritance
Fighting For Your Inheritance
Lawyers are, in part, counselors and advisors. As with accountants, tax professionals, financial planners, bankers, etc., lawyers should play a role in helping to grow and maintain a successful business by giving practical, helpful advice. But all too often professional advisors (lawyers being the prime suspects) stand in the way of business success.
This is…
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…
Trust and Will litigation tears families apart. It may be that family relationships aren’t too good to begin with if litigation arises, but taking matters to Court doesn’t help. And as lawyers we have little to no ability to repair family relationships.
In one case, out of the many hundreds I have handled over my…
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.
How does your trust help you while you’re alive? Many people think of trusts as death planning instruments–the type of thing that only operates upon your death.
But trusts have a critically important role to play while you are alive in the event you lose capacity. People are living longer and the likelihood of being…
Here is another business law offering that I published in our local Corona Business Monthly. We come across many business issues in our Trust and Will litigation practice, so it never hurts to discuss business law concerns.
Stress can affect wellness. And legal problems can bring the kind of stress most people would rather avoid. …
Death is final. And when a person who is a party to a lawsuit dies, death can be final for the opposing party too unless they take action quickly.
Dead people cannot be sued by law. Therefore, any claims against a decedent (including those already in progress by way of an existing lawsuit) must be brought…
Conservatorship litigation is nasty business, primarily because at the center of every conservatorship dispute is a helpless conservatee (usually an elder adult) who is caught in the middle of the family fight.
And that family fight may just cost the parties a good deal of money from their own pocket. As reported by Marc Alexander…
I’ve blogged before about using the concept of undue influence to overturn a California Will or Trust. But knowing the definition of undue influence is only the first step. To make the concept of undue influence useful, you have to know how to prove the existence of undue influence in a Court of law. That…
