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
"will litigation"
Contract to Make a Will
Have you ever had someone promise to leave you something at their death in return for you taking care of that person? You may have a contract to make a Will, which is enforceable in California. In this video, Stewart Albertson discusses the way in which you can enforce a contract to make a Will…
Can You Prove Due Execution? Authenticating Will signatures can be tricky
Wills are statutory creatures. What does that mean? They are created, and governed, almost exclusively by the black letter law in our California Probate Code. In other words, there is no fundamental constitutional right to create a Will in a certain manner. You have to follow the rules set down by law, and if you…
The Tools of War: How to arm yourself with knowledge for a battle in Probate Court
If you’re going to do battle in Probate Court do you need to know more about Trusts and Wills or more about litigation? The obvious answer is you need to know about both. And while knowing about Trusts and Wills is critical, knowing a thing or two about civil litigation is also a must.
For example…
May The Best Contestant Win…Contesting A California Trust vs. A California Will
Listen to Keith A. Davidson summarize his blog post on the difference in contesting a California Trust and a California Will.
Which is better—A Trust or Will if a fight takes place for your assets after your death? One of the primary reasons people create Living Trusts (also called Revocable Trusts and Revocable Living Trusts)…