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Trust Litigation Archives

Fair and Equitable Distributions to Trust Beneficiaries | Shattered Expectations

Fair and Equitable Trust Beneficiary Distributions | Shattered ExpectationsTrust instruments are like a set of instructions. They can be like a clear day or a murky pond. A good set of instructions should be simple, readable and avoid legal jargon. The settlor, the maker of the trust, should work to clearly identify the beneficiaries of his trust, their form of interest (income or principal) and the timing and plan of distribution.

Trustee Removal | Fraud & Undue Influence

Trustee Removal | Fraud & Undue InfluenceToday I was honored to lead a presentation for a Continuing Legal Education seminar on trustee removal. Along with co-presenters Robert Paine and Hackard Law's own Dave Jones, we delivered a comprehensive breakdown of the reasons for and tactics of removing bad trustees. Under California Probate Code 15642(b), there are nine clear reasons a trustee can be removed from administering a trust. These are the following:

Exploring the Facts | Los Angeles Estate & Trust Litigation

Exploring the Facts | Los Angeles Estate & Trust LitigationI love my job. That's a good thing. There's an older Johns Hopkins study with a finding that lawyers were nearly 4 times as likely as non-lawyers to suffer from depression. That's really not a good statistic, and I hope that my colleagues with depression find assistance.

CA Trust Estate & Litigator Wanted | Needs "Fight in the Dog"

CA Trust Estate & Litigator Wanted | Needs California estate, trust and elder financial abuse litigation involves fights - it's that simple. These cases are contested - the lawsuits are emotional and hard fought. Wrongdoers don't give up ill-gotten gains easily. I know this because the vast majority of our law practice involves the representation of aggrieved heirs, beneficiaries and victims of elder financial abuse. We're currently litigating in more than twenty California counties.

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.

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