I’m Mike Hackard with Hackard Law. I handled my first will challenge over 45 years ago. Much has changed in the world of law. That said, will challenges, unlike trust challenges, are similar to what they were back then. Wills can present unexpected windfalls or the transfer of treasured possessions. They can bring families together or split families apart. Getting disinherited can feel like abandonment or expulsion from the family. It hurts. Heirs want to look behind it. So, let’s talk about the bases for California will challenges. Lack of Formalities In California, oral wills that are not in writing are invalid. A will can be typed or handwritten. The maker of the will, called the testator, does not need to type the will h[...]

I’m Mike Hackard of Hackard Law. Our law firm represents domestic and foreign trust beneficiaries facing California contentious trusts and probate matters. We litigate in California’s largest urban areas, including Los Angeles, the San Francisco Bay Area, and Sacramento. Contingency fees are our preferred fee arrangements. If we don’t succeed in trial or settlement, we don’t get paid. All agreements must conform to California law and disclosures. Our decades-long experience helps steer aggrieved beneficiaries through the rocky waters of trust litigation. Emotional intelligence, coupled with the technical skills, helps to handle large and difficult cases. Many California Courts have massive case backlogs brought on by cou[...]

I’m Mike Hackard with Hackard Law. We litigate contingency fee trust and estate disputes. Hundreds of things can go wrong in trust formation and trust administration. Some preventive measures can help to make some things go right. Safe deposit boxes and home safes are common in family estates. Safe deposit boxes cannot be accessed by anybody. In California, co-renters can access the box without other co-renters present. If the renter is deceased, the person accessing the box must provide a death certificate, driver’s license or other valid ID, and the key to the box. It is my experience, at least as to litigated cases, I’ve never seen it where a decedent provided anyone with a safety deposit box inventory - or for that matte[...]

I’m Mike Hackard with Hackard Law. Our California law firm uniquely focuses on contingency fee trust and estate litigation. These cases are ultimately about money. Most estates are funded with houses, securities and bank accounts. Contingency fees can be crafted that apply to the recovery of hard assets as well as more liquid assets. Just what are contingency fees? The California Bar defines them in this manner: “Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court. If you lose your case, the lawyer does not receive any payment from you.” Contingency fees are different than hourly fees. Hourly fees vary among lawyers and places of pra[...]

I'm Mike Hackard with Hackard Law. We regularly represent wronged trust beneficiaries. There are many ways that beneficiaries are wronged. One wrong occurs when a trustee improperly secures a beneficiary’s consent to a trustee’s act or omission to act. California law provides that the trustee can be liable for a breach of trust, despite the consent, in the following circumstances: (1) Where the beneficiary was under an incapacity at the time of the consent or of the act or omission. (2) Where the beneficiary at the time consent was given did not know of his or her rights and of the material facts (A) that the trustee knew or should have known and (B) that the trustee did not reasonably believe that the benefici[...]

I’m Mike Hackard with Hackard Law. We represent beneficiaries in trust and estate litigation throughout California. Everyday we speak with people who are up against unfamiliar and difficult circumstances: trustee failure to distribute, a relative has wrongfully taken the family home, or cases of elder financial abuse. Every person has a unique story, and there follows a natural question: “Do I have a case?” Making that determination can take some time. Once I sketch out the nature of the conflict, here are some basic questions I’ll go over: First off, location. Where did the decedent pass away? And where does the trustee reside? We litigate estates and trusts in California, so these facts will be important. Next, we esta[...]

Hi, I’m Stephanie at Hackard Law. Now that our Summer Guitar Giveaway has concluded, we are happy to announce the winner: contestant Mel Jones was selected by our random comment picker software to receive the prize, a brand-new Ernie Ball Music Man Jon Petrucci Majesty 6 in awesome ember red! Congratulations to Mel, and we’ll contact you to send you the guitar shortly. Mel’s favorite summer memory was a work trip to Cape Town, South Africa, and he said he’d be stoked if he won this guitar! Also, a huge thank you to each one of you who participated for all your likes, comments and shares. We love reading about the moments that make you happy. And – stay tuned for future giveaways from Hackard Law. Now get out there and [...]

***Contest for United States residents only. Make sure to have a valid email address in your YouTube profile so we can contact you if you’re the winner!*** Hi, I’m Stephanie at Hackard Law. It’s been a hot summer, and it’s about to get a lot hotter with our amazing new guitar giveaway! We’ve held seven guitar giveaway contests so far, and now we’re giving away the best one yet – an Ernie Ball Music Man John Petrucci Majesty 6 in awesome ember red. It’s ultra-collectible at $3,799 value. Guitar.com called the Majesty a “dream machine” – and one of you will win John Petrucci’s elite work of art! The basic rules for the contest are simple. First step, leave a comment below. What’s your favorite summer memory?[...]