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

If you are not around the Court system very often you may not realize the absolute financial crisis affecting our judicial system, especially in California.  Services that were once considered basic Court services are now unaffordable luxuries—such as enough Courtrooms, Judges, and staff to properly run the Court system.  Filing fees have skyrocketed, the number

Did you know that amending a California Trust is not the only way to “amend” a Trust?  Sounds like a riddle, but it’s actually a concept known as a “power of appointment.”

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A Trust amendment is a simple way to change a California revocable Trust.  And an amendment can change any part of the Trust

Want to know why beneficiaries lose Trust and Will cases?  They fall prey to the “greedy heir” defense.  The greedy heir defense goes like this: a beneficiary challenges the wrongful acts of a Trustee and the Trustee responds by saying the beneficiary is just greedy.  Or an heir who has been disinherited challenges a Trust

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

It’s not everyday that the California Court of Appeals hands down new law in the area of trusts and wills.  Most of our laws and rules in this area have been in place for centuries. 

This month, however, the Fourth Appellate District recognized a new claim for California beneficiaries called “Intentional Interference with Expected Inheritance” (referred