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Trust Litigation Archives

California's New Decanting Law | Fixing Broken Trusts

Decanting Trust California.jpg
Image Credit: Chris

You've probably heard that "It's not what you say, it's what people hear." Public opinion guru Dr. Frank Luntz is making a career from this truth - he explains that he is "testing language and find(ing) words that will help his clients" explain their products or public issues.

CA Trust Beneficiary Rights | Do the Right Thing


CA Trust Beneficiary Rights.jpgIs there ever a time when the spirit of the law "will assert itself ... where right and justice would be defeated but for its intervention."[1] Fortunately, yes. An October 2018 California Fourth District Court of Appeal gives us a near perfect example.[2]

Blended Family Trust Disputes | A Formula For Conflict

Blended Family Trust Disputes | A Formula for ConflictA recent news story on a Bay Area trust dispute caught my attention - not necessarily over the legal details, but because of the general elements common to many cases of estate litigation. It has features we encounter all too frequently in our advocacy for beneficiaries: a successful family business, an ailing patriarch, his children from a prior marriage, and a stepmother. These are the ingredients for potential conflict.

Trust Litigation Contingency Fees | Shifting the Balance of Power

Trust Litigation Contingency Fees.jpgWhat options does a beneficiary have against a bad trustee? Let's say a trustee is abusing their position and not distributing funds to the beneficiary. Maybe they've frozen them out of the trust completely and are using other people's money to enrich themselves: trips to Hawaii, new cars, the whole nine yards. I've seen it before.

CA Estate and Trust Mediation | The Deal No-Deal Balance


CA Estate and Trust Mediation | The Deal No-Deal BalanceCalifornia public policy favors the mediation of litigated estate, trust and elder financial abuse disputes. Mediation communications are confidential - part of a legislative effort to promote effective mediation.

CA Trust & Estate Litigation | Making Your Case

CA Trust Estate Litigation Making Your Case.jpgYou know that something is wrong - something is just not right. How do you talk with a trust litigation attorney about trust issues when you know so little?

California Trust Litigation Contingency Fees | The Pros and Cons

Contingency Fees Trust Litigation Pros Cons.jpgHackard Law is striving to be the leading plaintiffs' trust and estate contingency fee law firm in California. This is no small task. Our state has terrific lawyers and law firms committed to the ethical and competent representation of vulnerable abused trust and estate beneficiaries. Many of the attorneys regularly prosecute civil elder financial abuse cases against well-funded defendants.

California Trust Beneficiary Mediation | Three Leadership Lessons

Estate Trust Mediation.jpgTrust beneficiary mediations are emotional. Alzheimer's, dementia, stepmothers, split families, undue influence and missing estate assets are threads that often run through the fabric of mediated estate and trust disputes. Passions run high. Feelings of betrayal mixed with grief are common to trust challengers and a protective belief of entitlement is common to the challenged.

The 3 Biggest Risks to Family Wealth | CA Estate & Trust Litigation

Risk CA Estate Trust Litigation.jpgEstate and trust lawsuits are comparable to a first-response operation after a crime or disaster has occurred. The police arrive to the scene of a crime, firefighters race to a burning house, and estate and trust litigators take legal action in court to stop wrongdoing and recover assets. In the aftermath of any incident, first responders will file an after-action report to determine what caused the emergency situation. In the same way, trust litigation attorneys will assess the risk factors that led to estate disaster.

Are Safe Deposit Boxes Safe? | Trust Litigation

Are Safe Deposit Boxes Safe? | Trust Litigation
Image Credit: -JvL- on Flickr

An unexpectedly large number of people open safe deposit boxes, leave them alone for several years, and forget the box ever existed. According to the Sacramento Bee, the California State Controller's Office had the contents of more than 138,000 safe deposit boxes under its control in 2017, including more than 75,000 US Savings Bonds worth more than $30 Million. Sometimes banks move, and sometimes box holders move, but the usual way in which boxes get forgotten is when someone dies.

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