CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Tag Archives: Will

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

Justice Isn’t Fair

Posted in Probate Court Litigation
My law firm strongly believes in fighting for justice and fairness—so much so that we put it right on the first page of our website. But these two concepts, “justice” and “fairness”, are confusing at times, which makes it difficult for clients when attempting to understand how to obtain justice or fairness in a lawsuit.  Let… Continue Reading

Undue Influence–Supplanting the Intent of Another in California Trusts and Wills

Posted in Undue Influence
The concept of “undue influence” can be used to invalidate a Will or Trust. What is undue influence? According to the California legislature “undue influence” is the taking of an unfair advantage of another’s weakness of mind. In a word: coercion. For example, a caretaker befriends an elderly person and takes over the elder’s financial… Continue Reading

The Practical Considerations for Including a No Contest Clause in a Trust or Will

Posted in No Contest Clauses
In an earlier post we discussed the terrorizing effects of no contest clauses. For all the uncertainty the new no contest law has created—and the very real possibility that such clauses are rarely enforceable—many decedent’s doom the effectiveness of their own no contest clause themselves when including a no contest clause in their will or… Continue Reading