Right of Survivorship is a tool used in estate planning to protect the intent of a decedent regarding real estate property and other jointly held properties. Here’s a quick overview. Right of Survivorship Definition The right of survivorship refers to the legal right held by a joint tenant, often a spouse, to claim real …
Breaches of fiduciary duty and fiduciary abuses unfortunately are more common than you might think, especially in cases involving the elderly and the infirm. Fiduciaries are often granted broad powers over estate funds and assets, and may take advantage of their trusted position for personal profit or gain. If you suspect that you or a …
Whether you’re seeking to contest a family trust, or defending a family trust dispute, it’s important to contact a trust litigation attorney near you as soon as possible to help improve the chances of winning your case. Here’s a guide. Can a family trust be contested? Yes. Contesting a trust is very common in California …
Sibling inheritance laws and rights are clearly defined in California, and most U.S. states, by probate code intestacy laws. If an individual dies without a will, their surviving spouse, domestic partner, and children are given an inheritance priority. If there are no surviving spouse, domestic partner, nor children, then their surviving parents are next in …
Undue influence in families is an act of abuse, often by heirs victimizing their elderly parents or other family members to increase their will inheritance or trust fund distributions. Undue influence can be actual or implied, and proving undue influence is the responsibility of heirs, beneficiaries, trustees of trusts, and administrators or executors of wills. …
To win a partition action can take anywhere from a couple of months to reach a settlement agreement to a year or more if it goes to a court trial. The vast majority of partition actions settle out of court, which reduces the time frame from filing to resolution, and makes funds and/or property available …
Settlor of Trust, Successor Trustee, Trustor, Administrator of Trust are common terms in estate planning and trust litigation. What do they all mean? Here’s a 5-minute guide to understanding their meanings, and how they may affect you. What is a trust, trustor, and trustee? Generally, a “trust” refers to a revocable living trust. …
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Settling an estate without a will is very common. As an estate increases in value and complexity, the process tends to take longer. Here’s a guide for families and executors/administrators. What does it mean to “settle an estate”? When a person passes away, their assets must be distributed to their family, heirs, or …
Executors cannot do things which are contrary to the benefit of heirs, beneficiaries, and the estate. This means if you suspect an executor is withholding your inheritance distributions, you would have the right to sue the estate, or litigate to suspend, remove and replace the executor. What is an Executor of Will or …
Disinheritance is quite common. Spouses, children, stepchildren, adopted children, domestic partners, etc. can be disinherited in many states. Not surprisingly, disinheritance often leads to those disinherited contesting the will, trust, codicil or amendment that disinherits them. Whether you’re a disinherited child, a disinherited spouse, an individual seeking to disinherit someone, or someone who is involved …
April 1, 2020 — (As published on Law360) — Among all the government remedies, extensions, trillion-dollar stimulus packages and other pandemic-relief actions being proposed, allowing virtual notaries — as senators on both sides of the aisle have proposed[1] — might not seem like a very significant cause. It is crucially important, however, and here’s why. …
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Today’s technologies have made contesting a trust easier than you think. We have substantial experience working with remote clients who never physically come into our offices, provide hard-copy documents, and physically never go to court, yet we’ve been able to help them obtain their rightful inheritance and trust distributions. Whatever challenge you may be facing …