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Trust Litigation Archives

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.

Million-Dollar Questions | Abused Trust and Estate Beneficiaries

Estate & Trust Litigation | Million-Dollar QuestionsHow many times in life do we falter because we or someone helping us fails to ask the right questions?

Stepmothers, Caretakers & Addictions | California Trust Fights

Trust Litigation Stepmothers.jpgIt's hard for abused beneficiaries or disinherited children to reach out for help from a California estate and trust litigation attorney.

Santa Clara Trust & Estate Litigation | The Power of Contingency Fees

Santa Clara Trust Litigation Attorney Contingency.jpgSanta Clara County is rich in people, talent and wealth. It is home to Apple, Intel and Google.

The Day Before an Estate or Trust Mediation | Strong Emotions

Mediation Trust Estate Beneficiary.jpgThis is a busy year for estate and trust mediation - the alternative dispute process in which the parties to a lawsuit meet with a neutral third-party, often a retired judge, in an effort to settle the case. Our litigation practice includes California's largest urban areas and so, not coincidentally, does our presence at mediations. While mediations can be dramatically different there are some constants - including strong emotions.

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.

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