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Trust Litigation Archives

Gamblers & Addiction | Triggers for Trust & Estate Disputes

Gambling Addiction Estate Trust Lawsuit.jpgCompulsive gambling is a problem for the gambler and his or her loved ones. Gamblers Anonymous members believe that:

How to Prove That a Trust Resulted from Undue Influence

Undue Influence In the Drafting of a Trust.jpgTrusts and wills are important legal tools that carry out a person's wishes with respect to their property. When undue influence from an individual, group, or company overcomes a person's will, some people can challenge these wishes in court. Proof of undue influence may invalidate a will or trust altogether.

Trust & Estate Mediation | Is Timing Everything?

CA Estate Trust Mediation.jpgCalifornia trust & estate mediation: is timing everything? Probate Courts in California have a variety of voluntary probate settlement programs designed to assist in the resolution of probate, estate and trust related claims and disputes. Los Angeles has the "Pro Bono Probate Settlement Program", San Francisco has the "Probate Pro Bono Mediation Program", Alameda County has a Mediator Panel for its "Alternative Dispute Resolution Program", and Sacramento has a "Probate Court Appointed Attorney Panel". The timing and expense of mediation is a consideration whether the process is initiated by way of a Superior Court program or through private mediation.

Go Big or Home | Contingency Fees in CA Trust Litigation

Go Big Trust Litigation Contingency Fees.jpg"Go big or go home" is now a part of our language. It's spread from Southern California into the national lexicon. Its general meaning is to go all out - be bold. It fits with California trust litigation.

Can Trust Beneficiaries Sue the Trustee For Improperly Withholding Distributions?

Bay Area Trust Beneficiaries | House Fights & Contingency Fees

Bay Area House Disputes | Estate & Trust LitigationHome equity in Bay Area houses constitutes the largest share of household wealth. Older people, a large part of owner-occupied units, are more likely to have spouses and dual incomes. And, they simply have had more time to accumulate wealth.

Stepmothers & Trust Litigation | Michael Hackard in ThinkAdvisor

Stepmothers & Trust Litigation | ThinkAdvisorLast week the influential wealth-management magazine ThinkAdvisor called me for an interview on a complex but important topic: why blended families are prone to estate and trust litigation, and why stepmothers often occupy a central role in these conflicts. This is a subject I've covered at length in my book The Wolf at the Door: Undue Influence and Elder Financial Abuse.

Removing a Trustee in California | Beneficiary Rights

Trustee Removal Beneficiary Rights | California

In California, a trustee has a significant amount of control over the trust administration process. The trustee has the power to gather the assets of the trust, work with creditors, and distribute the trust assets to the beneficiaries. The trustee also owes the beneficiaries of the trust (and the trust itself) a fiduciary duty to act in their best interests at all times. Unfortunately, this does not always happen, and trustees sometimes breach their duties to beneficiaries to the extent that it justifies their removal .

When Do You Need a Santa Clara Trust Litigation Lawyer?

Santa Clara Trust Litigation AttorneyTrusts are an extremely common way for people to transfer assets to others at the ends of their lives, and it is easy to understand why. When a person uses a will to dispose of assets, the estate must go through a process known as probate, which can prove long and complicated, and cost the estate a significant amount of money in fees. On the other hand, using a trust to transfer assets to beneficiaries avoids probate, as the transfer takes place immediately on the occurrence of some specified event.

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