http://www.grossmanlaw.net/blog/ San Diego attorney Scott Grossman regularly updates his blog with news and information regarding California probate rules, will contests and trust litigation topics. en-us 2012 The Grossman Law Firm, APC, All Rights Reserved, Reproduced with Permission http://www.grossmanlaw.net/blog/ Fri, 18 May 2012 04:46:00 GMT http://www.grossmanlaw.net/images/logoprint.gif http://www.grossmanlaw.net/blog/ When a California trustee theft occurs, the result may be devastating. The creators of trusts are relying on the good faith of the individual that they appointed as trustee to carry out their wishes as outlined in the trust document. Since the settlor has passed away, he or she can no longer speak out or protect the assets that they worked so hard to build. Often, trust assets have an emotional significance that goes beyond their financial value. 

Although the circumstances may be stressful, a San Diego trust attorney can help guide you through the legal process if a trustee has stolen from your loved one’s estate. If the attorney determines that an action should be brought against the trustee in court, you will have to demonstrate that assets were stolen and that the beneficiaries suffered harm as a result. 

Beneficiaries of a trust from which a trustee has stolen assets may be entitled to any of the following remedies:

• Damages for the amount that the trust would have made but for the trustee’s theft of estate funds
• Damages for the unjust enrichment of the trustee
• Other financial awards that the court deems equitable
• Criminal charges and penalties

To learn more about the California trust litigation process, view our free guide The Ultimate Guide to California Trust and Probate Litigation.

For more information about California trustee obligations and the consequences of theft, contact experienced San Diego trust lawyers for guidance. Call our toll-free number today at (888) 443-6590.
]]> http://www.grossmanlaw.net/blog/what%2Dremedies%2Dare%2Davailable%2Dafter%2Dcalifornia%2Dtrustee%2Dtheft%2Ecfm www.grossmanlaw.net-80397 Tue, 08 May 2012 08:00:00 GMT If your loved one passed away and you suspect that he or she was the victim of fraud when preparing or amending his or her will, you may have grounds to challenge the validity of the will. While substantial evidence is required to prove this claim, if fraud is adequately demonstrated, the court will declare the will invalid. A qualified attorney can assist you in evaluating the potential for bringing a successful California will fraud action.

What should you do if you hope to prove fraud when contesting a California will? 

1. Contact an experienced San Diego probate lawyer for assistance in navigating your legal rights.
2. Determine whether you have standing to challenge the will. In order to qualify, you must either inherit under the will, be a beneficiary of a trust set up by the will, or have been eligible to inherit had your loved one died without a will. 
3. Gather evidence which supports your claims of fraud. You must be able to show that if the fraud had not occurred, the will would have read differently. You also must be able to show that your deceased loved one relied on the lie he or she was told when drafting the will. Further, you should provide evidence that the person committing the fraud knew he or she was telling a lie or making a misrepresentation.
4. Gather copies of any prior wills or estate planning documents.
5. Assemble evidence that demonstrates the state of mind of the deceased at the time he or she passed.  
6. File a motion contesting the will with the probate court.

For more information about contesting a will or trust in California, contact a dedicated San Diego probate attorney for a free consultation. Call our toll-free number today at (888) 443-6590.
]]> http://www.grossmanlaw.net/blog/six%2Dsteps%2Dfor%2Dproving%2Dfraud%2Dwhen%2Dcontesting%2Da%2Dcalifornia%2Dwill%2Ecfm www.grossmanlaw.net-80384 Mon, 30 Apr 2012 08:00:00 GMT If you suspect that your loved one was the victim of California will fraud, you do not have to simply sit back and accept the outcome. An experienced San Diego probate lawyer can assist you in challenging the validity of the will depending on the facts and circumstances surrounding your case. If your loved one was lied to, and the result of that lie led to changes or additions to his or her will that otherwise would not have been made, you may have valid grounds for contesting the will under California law.

How do will contests based upon fraud work?
Fraud occurs when the testator is lied to and:

• That lie causes the testator to make an addition to his or her will; or
• That lie causes the testator to make a change to his or her will.

It must be proven that such a change or addition would have not have occurred but for the lie. Proving the existence of fraud will render a will to be declared invalid

Proving fraud can be challenging. The individual bringing the will contest will need to demonstrate to the court, through valid evidence, that it was the lie that induced the testator to make the change or addition to his or her will. Since the testator is often deceased, proving his or her state of mind may be difficult. Fortunately, an experienced California probate lawyer can help you to evaluate the facts and circumstances surrounding your claim and gather the evidence necessary for overturning the will.

If you suspect that your loved one was the victim of will fraud, it is essential that you contact an experienced professional for assistance. For more information, contact a dedicated San Diego probate attorney for a free consultation. Call our us today at (888) 443-6590.
]]> http://www.grossmanlaw.net/blog/california%2Dwill%2Dfraud%2Dwhat%2Dhappens%2Dwhen%2Dyour%2Dloved%2Done%2Dwas%2Dvictimized%2Ecfm www.grossmanlaw.net-80383 Sat, 28 Apr 2012 08:00:00 GMT Proving undue influence under California probate law requires the assistance of an experienced San Diego probate attorney. One way of doing so is to shift the burden of proof onto the person that you feel exerted the undue influence over the decedent. If done successfully, the individual who allegedly exerted the undue influence must then prove that no such influence existed. This is a challenging position to be placed in during a will contest proceeding.  

Since shifting the burden of proof is an ideal way to prove undue influence, how is it best accomplished? Undue influence will be presumed under California law if three facts can be proved. These facts include:

• That a confidential relationship existed between the person exerting the undue influence and the decedent. This confidential relationship may be as trustee, agent under power of attorney, court ordered conservator, or a personal familial relationship such as parent/child.
• That the person exerting the undue influence actively participated in the preparation or execution of the will.
• That the person exerting the undue influence received an undue benefit from the new will.

An example of where the burden of proof for undue influence can be successfully shifted exists when the person exerting the undue influence is the executor of the will, he or she arranged for a new will to be drafted, and under the new will his or her interests increased from a small to a significant amount.

If you suspect undue influence in the execution of a will, a California probate attorney can help evaluate the facts and circumstances of your claim. For more information about proving undue influence under California law, contact an experienced San Diego probate lawyer for a free consultation. Call our toll-free number today at (888) 443-6590.
]]> http://www.grossmanlaw.net/blog/san%2Ddiego%2Dprobate%2Dlawyer%2Dshifting%2Dthe%2Dburden%2Dof%2Dproof%2Ecfm www.grossmanlaw.net-79334 Wed, 18 Apr 2012 08:00:00 GMT If you were named as successor trustee in a trust instrument, you may be feeling confused as to what your duties and obligations are. While some of these requirements will be outlined in the trust document itself, California trust laws also impose certain duties on a trustee that must be observed. An example of these duties includes the obligation to provide notice to certain parties. Fortunately, an experienced Riverside trust lawyer can help guide you through this process.

What are the duties placed upon a Riverside trustee with regard to notice? The following is an overview:

1. Notice must be provided to anyone who has or may have an interest in the trust.
2. Notice must be provided to all of the heirs at law of the deceased.
3. The above notices must use the language specified under California law.
4. These notices must advise the recipients that they have 120 days to contest the trust.
5. The notices must advise the recipients that they are entitled to request a copy of the trust document.
6. Notice must be sent to the county assessor for every parcel of real estate owned by the trust.
7. Notice to the assessor must state whether the property is subject to reassessment for California real estate taxes.
8. If the trust was already irrevocable, notice must be provided to all beneficiaries of the trust as well as any parties who may have a future interest in the trust.
9. This notice must provide the name and address of the new trustee.

For more information about California trust laws and the obligations of a trustee, contact an experienced Riverside trust attorney for guidance. Call our toll free number today at (888) 443-6590.
]]> http://www.grossmanlaw.net/blog/riverside%2Dtrust%2Dattorney%2Dtrustee%2Ds%2Dobligations%2Dto%2Dprovide%2Dnotice%2Ecfm www.grossmanlaw.net-78616 Mon, 09 Apr 2012 08:00:00 GMT Similar to the process of obtaining appointment as an executor of a California estate, an individual who wishes to be named administrator must start by filing a petition with the appropriate court. Typically, this will be in the county where the deceased resided at the time of his or her death. It is essential that you consult an experienced San Diego trust attorney to begin this process as soon as possible following the death of the decedent. Without the appropriate appointment by the court, there may be no way to access the assets of the estate.

In general, the process of becoming an administrator of an estate can be broken down as follows:

• File a petition with the appropriate court requesting the appointment.
• Establish a hearing date for the appointment.
• If emergency circumstances necessitate an appointment prior to the hearing date, request that a special administrator be named within 24 hours to act between that time and the date of the hearing.
• Publish notice of the court hearing in a local newspaper three times.
• Mail notice of the court hearing at least 15 days prior to the hearing date to those entitled to receive such notice under California probate laws.
• Post a surety bond.
• If there are no objections, receive appointment as administrator at the hearing.
• Sign the appropriate letters of administration accepting appointment.

To learn more about the California probate process and obtaining an appointment as an administrator, an experienced San Diego trust lawyer for guidance. For more information, call our toll free number at (888) 443-6590.
]]> http://www.grossmanlaw.net/blog/san%2Ddiego%2Dtrust%2Dlawyer%2Dhow%2Dto%2Dobtain%2Dan%2Dappointment%2Das%2Dadministrator%2Ecfm www.grossmanlaw.net-77975 Thu, 05 Apr 2012 08:00:00 GMT If you were named the executor under the will of your friend or loved one, you may be confused as to what to do next. Many people are under the impression that banks and other institutions will recognize an executor’s authority simply by presenting a copy of the will. Unfortunately, this is not the case. In order for the appointment as executor to be recognized, you will have to follow California probate laws and obtain letters of administration from a judge. An experienced Riverside trust attorney can help guide you through this process.

Generally, the steps for obtaining letters of administration under the California probate rules are as follows:

1. After the passing of the deceased, locate the will that names you as executor.
2. Complete form DE-111, the petition for appointment as executor, with the will attached.
3. File the completed petition - with the will attached - with the clerk of the court where the deceased resided at the time of his or her death.
4. Deliver copies of the petition and will to all those entitled to receive such notice under California law, including the heirs of the deceased named in the will.
5. Prepare form DE-147 (Duties and Liabilities of Personal Representative) and file it with the court.
6. Attend a scheduled hearing before a judge to obtain the letters of administration.

California probate laws are complex, and it is essential that you contact an experienced Riverside trust lawyer for guidance through this process. For more information, call (888) 443-6590.
]]> http://www.grossmanlaw.net/blog/riverside%2Dtrust%2Dlawyer%2Dobtaining%2Dan%2Dappointment%2Das%2Dexecutor%2Ecfm www.grossmanlaw.net-77974 Mon, 02 Apr 2012 08:00:00 GMT Many beneficiaries who successfully pursue trust litigation may begin a case without a definitive answer as to what the problem is; they just have a sense that something isn’t right. 

The exact nature of evidence you will need to collect in the interests of invalidating all or part of a California trust will depend on the sort of mistake you’ve discovered. 

Typical mistakes that get made in trusts include:

• The trustee distributed property to a beneficiary immediately upon request, without having the terms of the trust clarified by an attorney.
• A non-professional trustee invested trust assets without professional advice.
• The deceased person used ready-made forms from a computer program, leading to significant omissions.
• The deceased person appointed an unfit trustee. 
• A parent didn’t want to “choose” between their children, and so appointed multiple trustees.

Remember that it is in your best interests to be discreet about your suspicions and at least discuss the matter with a qualified San Diego probate attorney before taking action. Doing otherwise might jeopardize your case and leave you vulnerable to lawsuits. 

Are you concerned that mistakes in an estate trust are interfering with the last wishes of a loved one? The San Diego probate attorneys with The Grossman Law Firm offer Riverside trust litigation, will contests, and probate services. Schedule a confidential and free 30-minute consultation with one of our attorneys today at 888-443-6590. Fill out our quick contact form to reach us online.

Also be sure to order our FREE guide for California beneficiaries: The Ultimate Guide to California Trust and Probate Litigation: How Sons and Daughters Get Their Rightful Inheritances from Their Parents’ Wills and Trusts.
]]> http://www.grossmanlaw.net/blog/where%2Dto%2Dlook%2Dfor%2Dtrust%2Dmistakes%2Dby%2Da%2Dsan%2Ddiego%2Dprobate%2Dattorney%2Ecfm www.grossmanlaw.net-77539 Fri, 23 Mar 2012 08:00:00 GMT As a non-professional California trustee, you will play a pivotal role in the lives of estate beneficiaries by managing, investing, and ultimately transferring estate assets in their care. The effect a trustee’s fiduciary duties can have on beneficiaries’ lives is, potentially, profound and affirming in the wake of sorrow and loss.

Unfortunately, there’s another side to being a trustee. You will be subject to intense scrutiny. You may often feel that your life is not your own. At our firm, we’ve seen many cases of disgruntled beneficiaries leveling charges at trustees, and sometimes those charges are grounded. If anyone is successful in pursuing legal action against you, it could mean hefty fines or even a criminal record.

So what are the most common mistakes we see trustees make? 

1. Attempting to invest trust assets without the help of a professional financial advisor. Yes, it might initially save you a few dollars to manage assets on your own, but remember: whatever actions you take with trust assets will be held to a professional standard by California law. 
2. Succumbing to pressure from the beneficiaries to immediately give them assets from the estate. Even if their reasons are compelling, always talk with your attorney first. If the beneficiary is being deceptive or even just mistaken, a short meeting with your attorney could save you months in court.

Are you a trustee who has run into serious problems in the course of the trust administration process? Are beneficiaries threatening to take you to court? Don’t wait any longer: talk to a San Diego probate attorney today. The Grossman Law Firm offers San Diego trust administration, trust litigation, will contests, and probate services. Call now for your free, 30-minute consultation with one of our attorneys at 888-443-6590. To reach us online, fill out the contact form above.

Be sure to ask for your FREE copy of Scott Grossman’s must-read guide for California trustees: The Insider’s Guide to California Probate and Trust Administration.

]]> http://www.grossmanlaw.net/blog/don%2Dt%2Dmake%2Dthese%2Dtrustee%2Dmistakes%2Dsays%2Driverside%2Dprobate%2Dattorney%2Ecfm www.grossmanlaw.net-77538 Wed, 21 Mar 2012 08:00:00 GMT People who are not involved in California probate law might use terms like “trustee” or “executor” interchangeably. If you’re involved in the actual estate distribution process, you know they aren’t. So what’s the difference? Let’s break it down:

• An executor is the legal representative of an estate that is subject to California probate. The executor is selected by name or unique status (such as “my daughter” when there is only one individual who has that relationship to the deceased person) in the will of the person who died. An executor is entitled to a scaled percentage of the estate for their services.

• A trustee is the legal representative of an estate that will be distributed to beneficiaries through a contract referred to as a trust. Until trust assets are officially transferred to beneficiaries, the trustee holds the titles. Part of a trustee’s function involves managing and investing assets to increase liquidity for the people set to inherit them. A trustee is entitled to a commission from the trust, usually agreed upon with the decedent or the attorney before the trust administration process begins.

• An administrator is appointed by California probate court after an individual has died without a will. They are selected from a list of relationships to the decedent that has been prioritized by California law, and will distribute estate assets according to a similarly prioritized list. As with an executor, an administrator is entitled to a scaled percentage of the estate as payment for their services.

If you’ve been called upon to handle the last wishes of a loved one, you may want to talk to a San Diego probate attorney at The Grossman Law Firm. We offer Riverside trust litigation, will contests, and probate services. Schedule your free and confidential half-hour case review with one of our lawyers now by calling 888-443-6590. Fill out the quick form above to reach us online.

Also request your copy of Scott Grossman’s essential book The Insider’s Guide to California Probate and Trust Administration.
]]> http://www.grossmanlaw.net/blog/san%2Ddiego%2Dprobate%2Dattorney%2Dasks%2Dwho%2Ds%2Dthe%2Dboss%2Ecfm www.grossmanlaw.net-77536 Mon, 19 Mar 2012 08:00:00 GMT
There is, however, an absolute, mandatory obligation that after probate is opened and an executor is appointed, three government agencies be notified.  The attorney must notify these agencies in writing and include a copy of the death certificate. 

The three agencies are:

1)  The Department of Healthcare Services;

2)  The Franchise Tax Board;
 
and

3)  The Victim's Compensation and Government Claims Board.

After notice is given, the agencies then have 90 days to file a claim.  Just because a claim is filed doesn't mean the probate estate automatically has to pay that amount.  If the executor disagrees with the amount claimed, he can challenge it.  And of course these agencies often routinely notify the executor that no claim will be filed and that's the end of that.

For further information or to set up a free, no-obligation consultation with our office, call us toll free at (888)443-6590. 
]]> http://www.grossmanlaw.net/blog/does%2Da%2Dtemecula%2Dcreditor%2Ds%2Dclaim%2Dmean%2Dthe%2Dgovernment%2Dis%2Dgoing%2Dto%2Dtake%2Dit%2Dall%2Din%2Dprobate%2Ecfm www.grossmanlaw.net-77604 Mon, 19 Mar 2012 08:00:00 GMT If you suspect that a loved one’s trust was created or signed because someone else threatened or abused him or her, what you suspect is that the terms of that trust were procured under duress. Duress is a form of undue influence; it essentially means bullying a testator into the desired terms. 

Because the testator can no longer speak for him or herself, anyone calling the legitimacy of a trust into question will find that gathering evidence to support the claim is extremely difficult.

You will find that all of the available evidence is circumstantial in nature. Circumstantial evidence can be used in court, but it will need to be substantial circumstantial evidence, which is readily backed up by testimony from other family members, friends, and doctors. For instance, medical records can generally only demonstrate that an individual was in a weakened or confused state and therefore more vulnerable to duress. You will need to demonstrate that someone had means and opportunity to exercise duress on the testator.

Medical records and any physical communications from the testator mentioning the individual or individuals who may have been pressuring them should be collected and shown to legal counsel while you are deciding whether or not you will pursue California trust litigation. 

Are you concerned that a loved one was bullied into signing off on a trust he or she didn’t agree with? Talk with a Riverside probate attorney as soon as possible. The Grossman Law Firm offers San Diego trust litigation, will contests, and probate services. Call for a free, 30-minute consultation with one of our lawyers today at 888-443-6590. To reach us online, fill out our quick contact form.

Order your FREE copy of Scott Grossman’s must-read guide for anyone involved in the trust administration process: The Ultimate Guide to California Trust and Probate Litigation: How Sons and Daughters Get Their Rightful Inheritances from Their Parents’ Wills and Trusts.
]]> http://www.grossmanlaw.net/blog/riverside%2Dprobate%2Dattorney%2Don%2Devidence%2Dyou%2Dll%2Dneed%2Dto%2Dprove%2Dduress%2Ecfm www.grossmanlaw.net-76983 Wed, 14 Mar 2012 08:00:00 GMT If a trustee is consistently making decisions that seem to be damaging assets or property in a loved one’s California estate, the trustee could be in violation of his or her fiduciary duties. 

As one of the people most vulnerable to a trustee’s missteps, it is crucial that you take action to protect yourself and the other beneficiaries. This may ultimately involve bringing a Riverside trust litigation case against them in California probate court. 

Remember: A trust litigation case is about far more than one inheritance. A successful trust litigation case may have a positive impact on:

• The other beneficiaries. Especially if you are involved in a case where other beneficiaries are minors or have special needs, the removal of an inept or malicious trustee could be life changing.
• Law enforcement. If your trustee is stealing or engaging in other criminal activities with estate assets, he or she needs to face consequences for his or her actions.
• People involved in future trusts. Trusts are excellent estate planning tools, but only if they aren’t abused. Pursuing a trustee mismanagement case brings the issue into greater awareness and may help someone struggling with similar issues in the future.

Is the estate of a loved one losing a significant amount of value due to trustee mismanagement? The sooner you talk with a lawyer, the better. The Riverside trust attorneys at The Grossman Law Firm offer San Diego trust litigation, will contests, and probate services. Schedule your complimentary half-hour case review with one of our lawyers today by calling 888-443-6590. Fill out our quick contact form to reach us online.

Be sure to request your copy of Scott Grossman’s must-read book The Ultimate Guide to California Trust and Probate Litigation: How Sons and Daughters Get Their Rightful Inheritance from Their Parents’ Wills and Trusts, which contains crucial information for all California beneficiaries and is available to you FREE.
]]> http://www.grossmanlaw.net/blog/riverside%2Dtrust%2Dattorney%2Dexplains%2Dwhy%2Dto%2Dpursue%2Dtrustee%2Dmismanagement%2Ecfm www.grossmanlaw.net-76982 Mon, 12 Mar 2012 08:00:00 GMT It’s a tremendous honor to be appointed the executor of a California will, but it’s also troublesome and occasionally overwhelming. After resolving any unfinished business or unpaid debts, you’ll transfer assets to the heirs set to receive them, potentially changing lives in the process.

You don’t need to be a legal or financial professional to successfully serve as a California executor, though you will need to act in a diligent, impartial, and honest manner. The integrity with which you serve is known as your “fiduciary duty,” and it means that you will act in good faith to fulfill the last wishes of the decedent.

The complexity of your duties will depend largely on the nature of the estate and the decedent’s family relationships. You will be required to:

• Determine what assets will be distributed by the will
• Manage assets until they are transferred to inheritors
• Begin the probate process if necessary
• Clarify who is set to inherit what
• Deal with creditors’ claims and standing debt
• File the final income tax return
• Pay continuing expenses with estate funds
• Oversee the distribution of estate assets

Have you been appointed the executor of a loved one’s will but are feeling overwhelmed about your fiduciary duties? You may want to seek the insight of legal counsel. The Riverside trust lawyers at The Grossman Law Firm offer Riverside probate litigation, will contests, and trust administration services. Schedule your free, 30-minute consultation with one of our attorneys today by calling 888-443-6590. Fill out our quick contact form to reach us online.

Also be sure to order Scott Grossman’s must-read book and DVD Probate a Will or Administer a Trust After the Death of a Loved One, which is essential reading for all California executors and available to you FREE.
]]> http://www.grossmanlaw.net/blog/riverside%2Dtrust%2Dlawyers%2Don%2Dfiduciary%2Dduties%2Dof%2Dan%2Dexecutor%2Din%2Dbrief%2Ecfm www.grossmanlaw.net-76659 Sat, 10 Mar 2012 08:00:00 GMT
First of all, what is probate?  To transfer property, you need the signature of the owner of that property. After the person has died, of course it is impossible to get their signature, so the probate process is a way to substitute for having them sign.  Probate is a way to get a court order allowing the property to be transferred.

What types of property go through probate?  Probably the most common kind and the one everyone is most familiar with is real estate, such as the residence of the person who has died.  But, other types of property, such as bank accounts, brokerage accounts, and even some IRAs and retirement accounts, can go through probate too.

To figure out if you are dealing with a property that must pass through probate, look at the title.  Is there a deed, or an account name?  If that title is ONLY in the name of the person who has died, then that property must pass through probate.

If the title was held jointly with another person, then that joint tenant will now be the sole owner. No probate is necessary.

So say John's mother died, and she owned her house.  The deed listed her as the sole owner.  The house must now pass through probate in order to have a probate court order the transfer of property.  The same would be true for John's mom's brokerage account held solely in her name.

When John's friend Steve's mom dies, her house is held in joint tenancy with Steve's stepdad.  Steve's stepdad now becomes the sole owner, without any probate required.

Finally, and very importantly, is there a designated beneficiary on the property?  Does the title of the account name a person to become owner after death?  If so, then that property transfers with no probate required.

So say John's mom had a brokerage account with John as designated beneficiary, and she had a checking account with his sister Allison as designated beneficiary.  John would automatically get the brokerage account and Allison would automatically get the checking account, no probate required.  
]]> http://www.grossmanlaw.net/blog/what%2Dproperty%2Dmust%2Dgo%2Dthrough%2Dprobate%2Din%2Dsan%2Ddiego%2Ecfm www.grossmanlaw.net-76993 Sat, 10 Mar 2012 08:00:00 GMT California law presumes that anyone of legal age who makes and executes a will or trust is of sound mind when they do so. So, if you suspect that a loved one was pressured, tricked, or otherwise coerced into terms he or she hadn’t previously agreed with by someone looking to profit from his or her death, it’s in your best interests to seek the advice of a Riverside trust attorney. As the person making the allegation, the burden of proof is on you.

Someone could be vulnerable to undue influence or coercion due to serious health issues. They might be easily confused, forgetful, or unable to perform day-to-day tasks. Even someone who is lucid most of the time can be taken advantage of, which is why coercion is distinct from mental incompetence. 

Medical records are essential in building a case to invalidate a trust. 

If you do not have easy access to the decedent’s medical records, your attorney can subpoena them during the litigation process. 

You will also want to seek out letters and other communications from the decedent that may point to someone pressuring the decedent into making a decision he or she wouldn’t have made otherwise. New and dramatically different trust documents executed very shortly before the testator’s death are often an indication of undue influence, so consider older versions of the trust to be valuable to your case.

Your attorney will review these documents with a forensic geriatric psychiatrist, who will testify about their findings.

Are you concerned that a loved one was coerced into terms he or she didn’t want for a will or trust? The San Diego trust lawyers at The Grossman Law Firm offer Riverside probate litigation, will contests, and trust administration services. Schedule your free, 30-minute consultation with one of our attorneys today by calling 888-443-6590. Fill out our quick contact form to reach us online.

Also request your FREE copy of Scott Grossman’s essential reading material for beneficiaries: The Ultimate Guide to California Trust and Probate Litigation: How Sons and Daughters Get Their Rightful Inheritances from Their Parent’s Wills and Trusts.
]]> http://www.grossmanlaw.net/blog/san%2Ddiego%2Dtrust%2Dlawyers%2Dexplain%2Dwhat%2Dyou%2Dll%2Dneed%2Dto%2Dprove%2Dcoercion%2Ecfm www.grossmanlaw.net-76658 Wed, 07 Mar 2012 08:00:00 GMT If you suspect that a will or trust fails to meet a loved one’s intentions because he or she lacked mental capacity at the time the will was made or executed, it’s serious business. One of the first things you’ll want to do is contact a qualified Riverside probate attorney. 

California probate litigation and will contests are tricky even for specialists in the field. You’ll want to be sure that your case not only has the best possible chances of success, but also minimize the likelihood of anyone successfully filing suit against you.

While preparing to talk with an attorney, determine why you feel the testator may have not been of sound mind when the will was made or signed. Bring any evidence you already have in your possession with you to the initial meeting. 

It is preferable to only gather physical evidence already in your possession. 

Alerting the executor, the executor’s lawyer, or any of the other beneficiaries to the fact that you are contemplating contesting the will or acquiring evidence in a way that could in any way be construed as underhanded may jeopardize your case. Take your attorney’s advice under advisement before doing anything else.

Possible evidence demonstrating a lack of mental capacity includes:

• Earlier versions of the will, especially if the distribution of assets was dramatically different
• Medical records
• Letters or other personal communications from the testator from around the time the will was executed

The San Diego probate lawyers at The Grossman Law Firm serve clients in Riverside will contests, trust litigation, and probate services. If you’re a concerned beneficiary who would like to discuss your case, call (951) 683-3704 or (866) 840-0000 for a free 30-minute consultation with one of our attorneys. To reach us online, use our quick contact form.

Also request your copy of Scott Grossman’s must-read guide The Insider’s Guide to California Probate and Trust Administration, which is available to you FREE.
]]> http://www.grossmanlaw.net/blog/potential%2Devidence%2Dof%2Dmental%2Dincompetence%2Dand%2Dsan%2Ddiego%2Dprobate%2Ecfm www.grossmanlaw.net-76657 Tue, 06 Mar 2012 08:00:00 GMT If you’re a California trustee about to start the process of administrating a trust, you might be wondering if your case could benefit from the assistance of a qualified trust attorney. 

What can we do for you in trust administration? Do you want help with any of the following? If so, get in touch with us today:

• Act as your liaison with beneficiaries to minimize tension, miscommunications, and liability
• Notify beneficiaries, heirs, and government agencies at the beginning of the trust administration process with all legally required information in the correct format
• Refer you to other professionals needed in trust administration, such as a financial advisor for trust investments and a CPA for tax issues
• Answer questions about fiduciary duties, title transfers, liquidity issues, and other trustee-related functions
• Develop an investment policy statement with you and your financial advisor
• Clarify the language of the trust so you are best able to understand and act on it
• Help you invoke the creditors claim procedure, if needed, and advise you if any creditor files a claim
• Draft and file reports updating the beneficiaries and court

The San Diego trust lawyers at The Grossman Law Firm serve clients in Riverside trust administration, will contests, trust litigation, and probate services. If you’re a trustee who would like to discuss your case at no charge, call (951) 683-3704 or (866) 840-0000 for a 30-minute consultation with one of our attorneys. Use our quick contact form to get in touch with us online.

Also be sure to order your copy of Scott Grossman’s invaluable resource for trustees, The Insider’s Guide to California Probate and Trust Administration, which is available to you FREE.
]]> http://www.grossmanlaw.net/blog/what%2Driverside%2Dtrust%2Dlawyers%2Dcan%2Ddo%2Dfor%2Dyou%2Din%2Dtrust%2Dadministration%2Ecfm www.grossmanlaw.net-76091 Thu, 01 Mar 2012 08:00:00 GMT The California trust administration process can be trying for everyone involved. As a beneficiary, you may develop concerns about the choices the trustee is making during the administration process. 

If the issue boils down to a simple difference of opinion, you will probably need to resolve it outside of court. Remember, this is about more than material wealth; trust-related arguments are extremely emotionally charged and drive lasting rifts between family members. 

However, if the trustee’s actions might compromise the value of your loved one’s estate or the best interests of yourself and other beneficiaries, you may want to seek the services of a qualified San Diego trust lawyer. You may have grounds for California trust litigation.

Other typical grounds for trust litigation include:

• You doubt that the decedent fully understood and appreciated the terms of the trust at the time they authorized it. 
• You suspect the decedent was pressured, tricked, or otherwise manipulated in making the trust.
• You question the authenticity of trust documents and suspect they may have been tampered with or forged.
• Terms of the will or trust were dramatically changed shortly before the decedent’s passing.

Do you feel you may have grounds to pursue trust litigation? The San Diego trust lawyers at The Grossman Law Firm offer Riverside trust litigation, will contests, trust administration, and probate services. To speak with one of our attorneys, call us toll-free at 888-443-6590 today, or use our quick online contact form.

Also request your FREE copy of Scott Grossman’s essential book The Ultimate Guide to California Trust and Probate Litigation: How Sons and Daughters Get Their Rightful Inheritance from Their Parents’ Wills and Trusts.
]]> http://www.grossmanlaw.net/blog/when%2Dto%2Dtalk%2Dabout%2Dtrust%2Dlitigation%2Dwith%2Da%2Dsan%2Ddiego%2Dtrust%2Dlawyer%2Ecfm www.grossmanlaw.net-75528 Mon, 27 Feb 2012 08:00:00 GMT Let’s say a person who resides in Washington State dies, and he owns a piece of real estate in California.  Because probate has to occur in the place where someone lived at the time they died, probate would occur for our hypothetical Washington resident in Washington State.  

A secondary, or ancillary, probate would be opened in California to handle the California property.

Here is why:  in order to transfer real property, if the person who died didn’t have the property in a trust, a transfer of the property would require his signature.  That obviously is impossible after a person has died.  Probate is a substitute for obtaining the required signature.  But, a court outside the state of California can’t issue an order concerning California real estate.

So, probate is opened here in California, and a judge can issue an order either for the transfer of the property to the beneficiaries, or ordering the sale of the property with the proceeds of the sale going to the beneficiaries.

Let’s go back to our Washington State example.  John Smith lives in Washington.  He owns a condo in downtown Seattle and also has a car and bank accounts in Washington.  He also owns a vacation home in Palm Springs.  Primary probate will happen in Washington, and that will dispose of nearly all of John’s estate.  But, the probate in Seattle cannot handle that Palm Springs vacation home.  So, the executor of John’s estate is going to need an attorney down in California to open up probate in Palm Springs to get that order concerning the Palm Springs house.

From there, we simply carry out the terms of John’s will.  If the will says the Palm Springs house goes to a particular beneficiary, or money from the house goes to certain beneficiaries, that is what happens.  Probate goes through its normal process according to the terms of the will, and whoever is supposed to get that California property, gets that California property.


For more information or to schedule a no-cost consultation, please contact the Grossman Law Firm, APC, at (888) 443-6590. 
]]> http://www.grossmanlaw.net/blog/when%2Dis%2Dancillary%2Dprobate%2Dneeded%2Din%2Dcalifornia%2Ecfm www.grossmanlaw.net-76101 Mon, 27 Feb 2012 08:00:00 GMT