CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Tag Archives: “Living Trust”

Where’s the Will?? How Can I See The Will Of A Deceased Loved One?

Posted in Trust & Will Contests, Trusts, Uncategorized, Will Creation, Wills
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE This is Keith A. Davidson from Albertson and Davidson. In this video, I want to talk to you about the differences between Wills and Trusts. A lot of times people think that Wills and Trusts are the same thing, that they’re the… Continue Reading

When is Your Capacity Kaput?

Posted in Lack of Capacity
If you went to the trouble to create a California estate plan that includes a revocable Trust, durable power of attorney for financial assets, and a healthcare directive, you probably have a capacity provision in each of these documents.  The capacity provision says that your successor Trustee or successor agent (under the durable power of… Continue Reading

California Trustees Must Provide Beneficiaries and Heirs with Copies of Last Will, Living Trust, and Amendments

Posted in Trust Administration
I get calls every week from California Trust, Last Will, and Estate beneficiaries complaining that they can’t get their brother or sister, who is the Trustee and Executor of their parents’ estate plan, to provide copies of the parents’ estate plan after the parents have died. I usually suggest the following. First, send a letter… 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 Settlor Made Me Do It: California Court Clarifies When Beneficiaries Can Sue Trustees…And When They Cannot

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… Continue Reading

Coping with Incapacity: How Trust Planning Is Life Planning

Posted in Estate Planning, Lack of Capacity, Will Creation
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… Continue Reading
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