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Posts tagged "Will Contest"

What If There's No Will? | Get Inheritance Rights in Writing

What if There's No Will? | Get Inheritance Rights in RightingNow this happens all the time. Uncle Buster tells you that you're going to inherit his house. Now you love Uncle Buster, and you want him to live to a ripe old age. But you know in your heart that when Uncle Buster dies you are going to inherit his house. Uncle Buster let a few other relatives and neighbors know that he was eventually going to give you the house.

Joint Accounts | Do They Belong to the Estate or Co-Signer?

Estate Litigation Joint Accounts.jpgWhen "an elderly person with a joint bank account dies, do the funds belong to the decedent's estate or do they belong to the additional signer as a co-owner of the account?" A recent California Court of Appeal case held that "[s]ums remaining on deposit at the death of a party to a joint account belong to the surviving party . . . as against the estate of the decedent unless there is clear and convincing evidence of a different intent."[1] This is a basic or black-letter rule, a clear statement of the law. It is also a trap for those inclined to seize upon a seemingly clear explanation of the law that leaves no room for interpretation or nuance.

Safe Deposit Boxes in Estate Disputes | Trust Litigation

Safe Deposit Estate Trust Litigation.jpgAnxiety fueled by grief is a part of the inventory process of a decedent's property. A family member is tasked by practicality, family consensus, or an estate document to gather a decedent's assets. Some assets are obvious - a house, documented bank accounts and securities and onsite personal property. Other assets are more opaque - physically separated in a financial institution safe deposit box or a house or office safe.

CA Estate & Trust Litigation Battles | A House Divided

A House Divided Estate Trust Litigation.jpg"And if a house is divided against itself, that house will not be able to stand." [1] This scriptural passage (Mark 3:25) is the origin of Abraham Lincoln's 1858 "House Divided" speech, an iconic observation about our nation's deep divisions over the subject of slavery.

The Wolf at the Door: Ep. 14 | Stories of Elder Financial Abuse

The Wolf at the Door Ep. 14: Stories of Elder Financial AbuseHello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I'm the author of The Wolf at The Door: Undue Influence and Elder Financial Abuse. The book will come out in early autumn. This is episode 14, where I address common stories of exploitation our seniors.

The Wolf at the Door: Ep. 13 | Someone Took Your Parents' House

The Wolf at the Door Ep. 13 | Someone Took Your Parents' HouseHello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. I'm the author of The Wolf at The Door: Undue Influence and Elder Financial Abuse. The book will come out in early autumn. This is episode 13, where I briefly discuss the wrongful taking of an elder's home - a common occurrence in disputed estates.

Court Appointed Receivers May Safeguard Trust and Estate Assets

Court Appointed Receiver Trust Estate.jpgYour parents owned a business and real estate. They successfully managed the business for decades and built up family assets. They put these assets into a trust where they remained as trustees during their lifetime. When they passed away, successor trustees took over. The successor trustees, through incompetence or even wrongdoing, are damaging your family's economic heritage. They are failing to keep trust property separate and identified, they lack complete and accurate financial records, they are self-dealing, and they are failing to comply with California's requirements for serving as trustees.

Insights into Lawyer Marketing | Bernard Lee

Bernard Lee on Legal Marketing Bernard Lee, Senior Consultant at Thomson Reuters FindLaw, joined us recently for our podcast It Starts Here. Bernard offered a good deal of insights into lawyer marketing and making sure clients can find the best legal advocate to represent them. Bernard is not only a business partner, he's also a friend, and we are grateful that he shared his analysis of the challenges and benefits of marketing a law firm. Here's a short excerpt from the podcast:

It Starts Here Podcast | Ep. 5: Bernard Lee on Lawyer Marketing

It Starts Here Podcast Ep. 5 | Bernard Lee on Law Firm MarketingMH: Hello, I'm Mike Hackard; I'm the chair of Hackard Law, a law firm focusing on estate, trust and elder financial abuse litigation in California's major urban areas. This is Hackard Law's podcast It Starts Here. This is an August 2017 podcast featuring Bernard Lee, a legal marketing expert, and you will see much more. We are going to discuss some of Bernard's experiences where he has helped others achieve their potential. I appreciate Bernard's presence here today; Bernard, thank you for being here and welcome.

It Starts Here Podcast | Ep. 4: Dan Collins on Complex Estates

It Starts Here Podcast Ep. 4 | Dan Collins on Complex EstatesMH: Hello, I'm Mike Hackard. I'm the chair of Hackard Law, a law firm focusing on estate, trust, and elder financial abuse litigation in California's major urban areas. This is Hackard Law's podcast, It Starts Here. This is an August 2017 podcast featuring Dan Collins, a well experienced and unique fiduciary broker. We are going to discuss how trustees can fulfill their fiduciary duties in managing, leasing, financing, and disposition of real estate. Dan is very well qualified to speak to these issues. So, Dan, welcome.

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