"Trust and Will lawsuits"

Partner Keith A. Davidson discusses the difficult path of Trustee removal in California Trust cases.  While not impossible, removing a Trustee can be harder than you think.

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Does a letter from a lawyer work to resolve disputes?  Not usually.  And having opposing lawyers write letters back and forth is a great way to incur legal fees, but not so great in getting anything resolved.

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The inherent problem with letters is that there is no penalty for ignoring them.  A lawyer can threaten

In our last post we set out three general categories of information you need to know to be successful in trust and will litigation.  They were:

  • Civil procedure—things like motions and demurrers
  • Civil discovery—written discovery, depositions, and expert designations
  • Rules of evidence—including foundation, hearsay, relevance, etc.

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Civil procedure we discussed.  Now let’s tackle civil

Part 1: What is the right to privacy?

Do you have a right to privacy anymore?  in this age of ubiquitous information and password breaches, its hard to imagine that anything is confidential.  

In California, an individual’s right to privacy is contained in our State’s Constitution–so it is a Constitutional right.  And the Court will uphold