CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Tag Archives: Litigation

Step-Mommy Dearest…Can my Step-Mom Change my Father’s Will After my Father Dies?

Posted in Litigation, Probate Court Litigation, Trust Amendment & Revocation, Trust Creation, Uncategorized, Videos
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE Hi, this is Keith Davidson at Albertson & Davidson.  And in this video, I want to discuss step-parents.  And I don’t mean to disparage step-parents, there’s a lot of very good step-parent and step-child relationships out there.  But, there’s also some bad… Continue Reading

Stealing My Gift! My Deceased Parents Gave Me Something Before They Passed That My Siblings Now Say Is Part Of the Estate

Posted in Beneficiary, Probate Court Litigation, Trustees & Beneficiaries, Wills
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE This is Stewart Albertson with Albertson and Davidson, and I want to talk to you about an issue that we do see from time to time called advances on inheritance. Advances on inheritance are essentially a loan that mom or dad makes… Continue Reading

What You Need to Know When an Estate Plan Goes Awry: The complex road of successfully bringing a lawsuit for attorney malpractice in California Trust and Will cases

Posted in Legal Malpractice, Litigation
There are times when people try to implement an estate plan, but things go awry.  And that can happen when an attorney makes a mistake in drafting a California Trust or Will resulting in legal malpractice. Bringing and prosecuting a legal malpractice case against an attorney who improperly drafted a California Living Trust or Will… Continue Reading

The Lives Behind the Words: How California Trust and Will Lawsuits Affect our lives.

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… Continue Reading

Sofia’s Gift: A lesson in turning a family dispute into a generous gift for others.

Posted in Litigation, Non Profit & Charities
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… Continue Reading

Trust Investing: A California Trustee’s duty to invest assets prudently

Posted in Litigation, Trust Administration
California Trustees, Executors and Conservators have a legal duty to manage assets conservatively and “prudently.”  The rules are set out in the California Probate Code under the Uniform Prudent Investor Act.  In this video we have a brief discussion of Trust investing.  For those viewing this blog by email subscription, you can click on the… Continue Reading

California Trust and Will Beneficiaries have a Right to Information

Posted in Beneficiary, Litigation
Every beneficiary of a California Trust and Will has a basic right to information.  They have a right to see the Trust or Will document(s), they have a right to asset information, they have a right to full disclosure.  Yet not every Trustee or Executor complies with requests for information.  This video describes a beneficiary’s basic right to information. … Continue Reading

Abused Beneficiaries: We explain our view of an abused California Trust and Will beneficiary

Posted in Beneficiary, Litigation, Videos
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… Continue Reading

Meet Albertson & Davidson, LLP: Why we practice law as California Trust, Estate and Probate litigtion lawyers

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 on… Continue Reading

Marital Rights Without Marriage — How Nonmarital Partners May Receive a Share of a Deceased Partner’s Estate Based Upon an Oral Promise Before Death

Posted in Estate Planning, Litigation
One of my first litigation cases was against attorney Thomas W. Dominick in San Bernardino County Probate Court. Tom is one of the best estate and trust litigators in California. To say the least, I was scared. The issue in that case revolved around whether my client had a right to his girlfriend’s real property after… Continue Reading

“Ordinary” Attorney’s Fees and “Extraordinary” Attorney’s Fees in Probate

Posted in Fees & Expenses, Litigation
Marc Alexander’s and William M. Hensley’s outstanding blog on California attorney’s fees recently commented on Estate of Fernandez, where Justice O’Leary discussed the difference between “ordinary” and “extraordinary” attorney’s fees in the probate arena. So, what is the difference between “ordinary” and “extraordinary” attorney’s fees that you pay an attorney to “probate” your loved ones… Continue Reading