Category: "Trust Litigation"

How to Contest a Trust in California Contesting a trust, disputing a trust, voiding a trust, invalidating a trust, etc. are all common terms for the legal process in which a beneficiary or heir seeks to change the inheritance, gift, bequest, or distribution they’re set to receive, per a trust agreement, after a loved one […]

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What is a power of appointment trust? A power of appointment or power of appointment trust is a legally binding provision contained in a trust which gives a surviving spouse or other beneficiary the authority to change the ultimate beneficiaries of a trust. For example, if a married couple’s trust contains power of appointment language, […]

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What is a partition action? Define it. A partition action (see California Code of Civil Procedure Section 872.210) is an action taken to divide a real estate property fairly among its co-owners.   When do I need a partition action? Most people consider a partition action when they want to sell their interest in a […]

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A trust litigation attorney becomes necessary when disputes arise during the organized distribution of property from one generation to another, e.g. heirs and beneficiaries. Typically, a trust is constructed in such a way that instructions are clearly stated. However, despite a well-crafted trust document being in place, legal issues can and do still come up, […]

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What are the duties of a trustee in California? California Probate Code outlines Trustee Duties quite clearly. And now, we’re going to make it even clearer. First off, let’s define some popular terms:   What is a trust? A trust, or living trust, is a document designed to help families avoid legal process, probate, after […]

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Contesting a will is more common than heirs, beneficiaries and executors may think. We tell our clients every day: Disputing a loved one’s will or trust does not make you a bad person. All too often wills resulted from interference from a loved one or an interloper. We work with heirs, beneficiaries, administrators, executors, and […]

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