Objection, hearsay! We hear that term “hearsay” all the time—in the movies, on T.V., and in real life court proceedings. The idea behind the “hearsay” rule, which prevents certain statements and documents from being admitted as evidence, is that not everything people say is reliable or even truthful (imagine that). As straightforward as that rule
"Trust and Will litigation"
The Settlor Made Me Do It: California Court Clarifies When Beneficiaries Can Sue Trustees…And When They Cannot
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…
California No Contest Clauses: The confusion continues
In January 2010, California once again changed the law of No-Contest clauses in an attempt to make the area easy to apply. Hard to say if that goal was accomplished. In this video we discuss some of the basics of California No-Contest clauses. For those viewing this blog by email subscription, you can click on…
Would You Pass a Legal Checkup?
Here is another business law offering that I published in our local Corona Business Monthly. We come across many business issues in our Trust and Will litigation practice, so it never hurts to discuss business law concerns.
Stress can affect wellness. And legal problems can bring the kind of stress most people would rather avoid. …
Legal Lasagna: Building Your Case One Layer At A Time
In an earlier blog post, I shared a handout we give our clients so that they will know what to expect in their lawsuit. All lawsuits are different, but there is one thing you can count on in every lawsuit: uncertainty. A case can go from looking good, to looking bad, to looking good…
What to Expect At Your Deposition and In Written Discovery
We have created various handouts for our clients to explain certain aspects of a lawsuit. In an earlier blog post I shared our handout describing the overall process of a lawsuit. We also have created handouts on what to expect at a deposition and what to expect in written discovery. We have decided to make…
Capacity Lite–How Undue Influence Can Be Used To Overturn a California Will or Trust When Lack of Capacity Allegations Fall Short.
People influence others every day, and most types of influence simply persuades a person to make a certain decision–where to eat, what to buy, who to like, you get the idea.
Sometimes influence can get out of hand and become “undue.” What separates normal influence from undue influence? Simply put, undue influence is coercion. It…
Brain Power-How Personality Effects Trust and Will Contests
You don’t need to have legal experience to know that different people act in different ways to any given situation. Especially stressful situations. Lawsuits are very stressful for most people involved in them. Trust and Will related lawsuits are even more so because it typically involves family, meaning family relationships and long-standing family dynamics that have nothing to…
Starting With “Why?” Can End With Yes: How a focused purpose can help in business and the law.
I enjoy reading books about many different subjects, not just law. And occassionally I come across an idea or concept that originates outside law but applies well to the practice of law. I did just that recently after reading a book called Start With Why–How Great Leaders Inspire Everyone To Take Action written by Simon Sinek…