When a person dies, the decedent’s loved ones must deal with the decedent’s property. The first question the decedent’s family members need to ask is: did the decedent have an estate plan in the form of a Will or a Trust?
If the decedent did have an estate plan, the terms of the Will or
Funny thing about Trustees, they are expected to seek help, just not too much help. Generally, Trustees are not allowed to delegate their duties (see Probate Code section 16012). The rules state that anything the Trustee can “reasonably” be required to personally perform cannot be delegated. And the Trustee can never delegate the entire
Part 2 – Litigation Costs.
I read in Senator Harry Reed’s autobiography about a criminal defense attorney who practiced law in the 1960’s and 1970’s who would say when asked how much he will cost to defend a felony murder case “everything you’ve got!” Well that sounds a bit excessive! But many clients fear just
Overturning a Will or Trust based on undue influence is not always easy. But if you know the type of evidence you need to support your case, then you have a much better chance of proving it in Court. In this video, Stewart Albertson discusses the way in which to prove undue influence in California
Another year is in the books and it’s time to look back at the best of our law blog for the year. We have had another great year and great feedback from people who read (and apparently enjoy) this blog. We love giving out good information, so your comments and feedback are always welcome. In
Predicting the outcome of a Trust or Will contest lawsuit is a bit like forecasting the weather. You may have some idea of what is to come, but clear skies can turn into a thunderstorm with very little warning. And when lawyers predict the wrong result for their clients, most clients get angry—even though the
What do you do when a parent is losing capacity, but refuses to admit it? In this video, I discuss come options for dealig with parents when their capacity is kaput.
For our email subscribers: click on the title to watch this video on our website.
Last week the San Bernardino County Sherriff’s office announced that they have arrested a caretaker for alleged forgery and identity theft of a family’s living trust. This is big deal because wrongdoers are so rarely arrested and charged for their criminal actions in Trust and Will cases.
According to the San Bernardino County Sherriff’s office
This is not a medical blog, but medicine and the law interact extensively when it comes to determining (or challenging) a person’s legal capacity. To prove lack of capacity requires evidence of a mental defect, such as dementia or Alzheimer’s disease. Alzheimer’s also plays a role in proving a weakness of mind—required for undue influence.
Trust and will disputes are confusing because the way you see your family and their assets can be very different from how the law sees it. You may see your family as one group of people related by blood. If one of your siblings is taking advantage of your parents, then you should be able