CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Tag Archives: Will

Where’s the Will?? How Can I See The Will Of A Deceased Loved One?

Posted in Trust & Will Contests, Trusts, Uncategorized, Will Creation, Wills
THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE This is Keith A. Davidson from Albertson and Davidson. In this video, I want to talk to you about the differences between Wills and Trusts. A lot of times people think that Wills and Trusts are the same thing, that they’re the… Continue Reading

Broken Promises: Are Oral Promises to Make a California Trust or Will Enforceable?

Posted in Beneficiary, Litigation, Probate, Probate Court Litigation, Trust Creation, Trustees & Beneficiaries, Will Creation, Wills
Is an oral promise to make a will or trust enforceable under California law? Contrary to what many believe, California law provides for the enforcement of oral promises to make a will or trust. How does the promise to make a will or trust arise? Generally, a parent orally promises a child, a friend, or… Continue Reading

California Trustees Must Provide Beneficiaries and Heirs with Copies of Last Will, Living Trust, and Amendments

Posted in Trust Administration
I get calls every week from California Trust, Last Will, and Estate beneficiaries complaining that they can’t get their brother or sister, who is the Trustee and Executor of their parents’ estate plan, to provide copies of the parents’ estate plan after the parents have died. I usually suggest the following. First, send a letter… Continue Reading

What You Need to Know When an Estate Plan Goes Awry: The complex road of successfully bringing a lawsuit for attorney malpractice in California Trust and Will cases

Posted in Legal Malpractice, Litigation
There are times when people try to implement an estate plan, but things go awry.  And that can happen when an attorney makes a mistake in drafting a California Trust or Will resulting in legal malpractice. Bringing and prosecuting a legal malpractice case against an attorney who improperly drafted a California Living Trust or Will… Continue Reading

Setting the Table for Bad Faith Claims: How attorney malpractice insurance claims for California Trust, Will and Estate cases can exceed policy limits

Posted in Legal Malpractice, Litigation
From time to time we have clients come to our office upset that the attorney who drafted their parents’ California estate plan (i.e., living trust, will, and durable powers of attorney) got it wrong or perhaps failed to properly implement the parents’ estate plan. In a recent case we handled an attorney drafted an amendment… Continue Reading

Undue Influence vs. Lack of Capacity: There’s more than one way to overturn a California Will or Trust

Posted in Undue Influence, Videos
Lack of capacity is probably the most used concept in trying to overturn a California Will or Trust.  And while nearly ever Trust or Will contest lawsuit contains an undue influence allegation, undue influence is usually minimized or even ignored altogether at trial.  In this vide, Keith A. Davidson discusses how both concepts can be… Continue Reading

Sofia’s Gift: A lesson in turning a family dispute into a generous gift for others.

Posted in Litigation, Non Profit & Charities
Trust and Will litigation tears families apart.  It may be that family relationships aren’t too good to begin with if litigation arises, but taking matters to Court doesn’t help.  And as lawyers we have little to no ability to repair family relationships. In one case, out of the many hundreds I have handled over my… Continue Reading

Abused Beneficiaries: We explain our view of an abused California Trust and Will beneficiary

Posted in Beneficiary, Litigation, Videos
California Trust and Will beneficiaries are subject to abuse in some cases at the hands of a rogue Trustee.  This video explains our view of an abused beneficiary.  It is important to acknowledge these cases and we fight hard to help beneficiaies who are abused.  For those viewing this blog by email subscription, you can… Continue Reading

Will and Trust Creation: The basic requirements of California Trust and Will creation

Posted in Trust Creation, Videos, Will Creation
Keith A. Davidson describes in this video the basic requirements for creating a California Will and Trust. He refers to the basic creation elements as “formalities” and “intentionalities”, terms he uses in teaching California Will and Trust creation at Chapman Law School (which he borrowed from his own Trust and Will professor, Father O’brien (thank… Continue Reading

Give a Little After You’re Gone: The benefit of charitable giving at death.

Posted in Estate Planning
Most of us are not capable of giving billions to charity, like Warren Buffet and Bill Gates  But charities, to be successful, don’t need billions (they’d love to have billions, I’m sure, but most operate on far less than that). Most people make modest charitable gifts to their favorite charity, university or church during their lifetime. … Continue Reading

Capacity Issues: Different types of capacity required for California Trusts vs. Wills

Posted in Lack of Capacity
California Wills and Trusts are not created equal.  In this video, we describe the basic differences between the mental capacity required for California Will creation and the mental capacity required for California Trust creation.  For those viewing this blog by email subscription, you can click on the title for a link to the video.… Continue Reading

The Backdoor Beneficiary: How Your New Spouse is Automatically a Beneficiary of Your Estate in California

Posted in Estate Planning
Love and marriage may go together (like a horse and carriage…), but marriage and estate planning may be another story. If a person creates a Will or a Trust in California and then subsequently marries, that person’s new spouse automatically becomes a beneficiary of the Will and Trust by operation of law.  Many times people… Continue Reading

Know Your Non-Profits: The different types of charities

Posted in Non Profit & Charities
Non-profits, charities, 501(c)(3)’s, foundations, private foundations, family foundations—what do all these terms have in common?  They are typically used to refer to the same thing, an entity that is recognized as not-for-profit under Internal Revenue Code Section 501(c)(3).  But not all charities are created equal.  There are different types of charities based on the type… Continue Reading

Alleged Financial Elder Abuser Must Face the Music: Los Angeles County Superior Court Keeps Lawsuit Alive

Posted in Elder Abuse
Trust and Will lawsuits often provide different paths to the same destination. My client, a trust beneficiary, recently filed a lawsuit against a trustee of a California trust for financial elder abuse, and at the same time sued for undue influence to set aside the Trust amendment created at the hands of the Trustee/Abuser. In… Continue Reading

Trustees: Your Breaches Are Showing–Why Do So Many Individual Trustees Get It Wrong?

Posted in Trustee Breach of Trust
It is shocking to me how many Trustees violate their fiduciary duties.  Under California Probate Code Section 16000 et seq. there are voluminous sections on all the duties, responsibilities, and liabilities Trustees must comply with to property administrate a Trust.  There are rules on just about every action a Trustee must take, and on actions the… Continue Reading

Marital Rights Without Marriage — How Nonmarital Partners May Receive a Share of a Deceased Partner’s Estate Based Upon an Oral Promise Before Death

Posted in Estate Planning, Litigation
One of my first litigation cases was against attorney Thomas W. Dominick in San Bernardino County Probate Court. Tom is one of the best estate and trust litigators in California. To say the least, I was scared. The issue in that case revolved around whether my client had a right to his girlfriend’s real property after… Continue Reading