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Estate & Probate Litigation Archives

International Issues for California Estate Litigation

2018-05-16 May B3-4 International Issues For California Estate Litigation.docx.jpgIn the current age of digital information and global business, many estates present complicated issues involving international law. A testator may execute a will in one country and eventually die in another. Different countries across the world may harbor assets. Different tax regulations, probate laws, and administrative regulations may apply in each of these countries.

Capacity & Undue Influence | CA Estate Litigation

Capacity Undue Influence CA Trust Litigation.jpgI listen to hundreds of stories every year. There are dozens of cases for every element of vulnerability. The stories surrounding each element often provide a foundation for the failure of an estate plan that someone tried to make bulletproof.

Can You Have a "Bulletproof" Estate? | Litigation Risks

Bulletproof Estates and Trusts Litigation.jpgWhen it comes to estate planning, a settlor, the maker of a trust, or testator, the maker of a will, seek certainty over uncertainty. They take the time to make an estate plan to diminish risks. Once this is accomplished is the estate plan impervious to challenge? In more colloquial terms - is their will and trust bulletproof. And, if not bulletproof, what will it take to make it bulletproof?

California Residents May Have an Interest in Trust Litigation They Don't Know About

2018-05-04 May B1-4 California Residents May Have an Interest in Trust Litigation They Don t Know About.jpgClass action lawsuits often result in settlements that remain in trust for the benefit of the class members. While this might seem the end of the story, it is far from it. The trustee is often invested with the discretion to determine settlement amounts for each class member and when to make their distributions. In some cases, the trustee even has the authority to invest trust funds to increase distributions (or to fund charitable causes pertinent to the settlement). This authority can affect the legal and financial rights of class members.

Is Your Will Improperly Executed | Resolving Properly Rights

Resolve Property Rights When Will Not Properly Executed.jpgHelping Heirs Resolve Property Rights When Wills Are Improperly Executed

California law imposes procedural requirements upon wills to ensure their validity. Certain survivors can challenge incorrectly signed, witnessed, or otherwise executed wills in the probate court upon the death of the person who attempted to make the will. Some procedural defects will invalidate a will altogether. Others will merely invalidate certain provisions, or codicils, added to the initial will.

Prince's Estate Gridlock | The Dangers of Litigation

Prince Estate Litigation.jpg

Estate & Trust Disputes | "My Generation" Revisited

Estate & Trust Disputes | It's 1965. America's youngest Baby Boomers are only a year old, and the oldest members are just 19. The English rock band The Who releases their hit song, "My Generation." A few decades later, Pete Townshend, the song's composer, would describe the song as "very much about trying to find a place in society."

Failing to Update Your Will Can Result in Litigation Later

Update Will Prevent Litigation.jpgWills are often made months, years, or even decades before they are ever needed. This means that many are outdated by the time they are submitted to the probate court. Sometimes, this confusion can lead to bitter litigation that depletes the estate and impairs the property rights of all potential heirs. You can avoid this with effective planning and regular updates to estate planning documents.

Resolving Estate and Trust Disputes | The Tip of the Iceberg

Resolving Estate and Trust Disputes | More Than Meets the EyeMost of us experience some disquiet when we first meet with a professional whom we've sought out to help solve a problem. It can be hard to put into words the situation that we're in, or even what help we need. We don't know what we don't know. We do know that something is wrong, and we need help in getting it fixed.

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