CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Tag Archives: Probate

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

Broken Promises: Are Oral Promises to Make a California Trust or Will Enforceable?

Posted in Beneficiary, Litigation, Probate, Probate Court Litigation, Trust Creation, Trustees & Beneficiaries, Will Creation, Wills
Is an oral promise to make a will or trust enforceable under California law? Contrary to what many believe, California law provides for the enforcement of oral promises to make a will or trust. How does the promise to make a will or trust arise? Generally, a parent orally promises a child, a friend, or… Continue Reading

A Fight from Start to Finish: How a California Trust can go from bad to worse…and then to Court

Posted in Trustee Breach of Trust, Trustee Removal, Trusts
There’s Trusts that run smoothly, there’s Trusts that have a few problems, and then there’s Trust where everything is a fight from start to finish.  Which Trust sounds most like yours? Smooth Sailing.  This is the way Trusts are supposed to work.  The successor Trustee takes over management of the Trust, the assets are collected and… Continue Reading

The Myths and Misinformation of California Probate and California Trust and Will Lawsuits.

Posted in Litigation, Probate
The confusing world of Trust and Will lawsuits, it can be quite a quagmire.  Especially if you are looking on the internet for information because every state does things differently when it comes to the trust and will arena.  Even the term “Probate Court” can mean vastly different things in different states. Let me see… Continue Reading

In Trusts we Trust: When should you create a Trust in California?

Posted in Estate Planning, Wills
I have heard it a million times before: “I don’t need a Trust because ____________” you fill in the blank: I don’t have enough money, I won’t care when I’m dead, California probate is easy, my wife and I own everything in joint tenancy…there’s many, many excuses and misinformation regarding Trusts in California. In California,… Continue Reading

Pardon Our Probate Fees: Written Fee Agreement Not Required for Payment of Probate Attorneys’ Fees

Posted in Probate
Lawyers have rules that we must follow (no, seriously we do), and one of them is that any engagement where we estimate the fees to the client will exceed $1,000 must be documented by a written fee agreement—sometimes called retainer agreement or engagement agreement.  See Bus. & Prof. Code Section 6148.   The California Court of… 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

No-Contest Clauses Do Not Apply to Challenging a Trustee’s (or Executor’s) Actions

Posted in No Contest Clauses
The omnipresent no-contest clause (originally called in terrorum clauses–as in to terrify one’s beneficiaries) is meant to prevent lawsuits. The idea being that if a beneficiary contests a California Will or Trust containing the clause, then that beneficiary is entirely disinherited and loses his gift under the document (see our previous blog post on how no… Continue Reading

Starting the California Probate Process

Posted in Probate
In an earlier post we described what probate is and that it only applies to assets titled in the name of the decedent at the time of her death.  Now we want to discuss how to start the probate process (it’s just a court process after all). Handling a California probate can be summed up… Continue Reading
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