How to know if a typewritten will is valid
Attorney Scott Grossman discusses the four requirements in California for a valid typewritten and what they mean.
Articles about Trust vs. Will
Can I Challenge a Will or Trust with No Contest Clause?
Can I challenge the will or trust in probate court even if there is a no contest clause? It is important to know that the existence of a no contest clause is usually meaningless.
My sister and I are the co-trustees of my parents trust. I want to sell their home now that they are dead but she doesn’t want to sell. What can I do?
Disagreements between co-trustees is a fairly common occurrence. Find out more of what you should do if a disagreement should arise between the co-trustees.
What form do I fill out to file a trust contest?
None. There is no form to fill out to file a trust contest. Trust contests, and will contests, require a petition to be filed with the probate court.
What do you do when the trustee will not give you a copy of the trust?
First, never take “no” for an answer. If you are a trust beneficiary then your common sense tells you that you are entitled to get a copy of the trust. You are right.
I do not have much confidence in the executor of the estate. What should I watch out for under California law?
Under California probate law, the executor of the decedent’s estate has a fiduciary duty requiring him or her to act with integrity, disclose all information to the beneficiaries, act in fairness and with diligence, manage the estate with caution, and deal with all beneficiaries equally.
What is a no-contest clause and does California law uphold it?
As part of the estate planning process, you or a loved one may have chosen to include a no-contest clause in the will or living trust.
Before you Accuse Someone of Forging Documents in a Will
Accusing someone of altering or forging documents in a decedent’s Will or Trust is an extremely serious allegation.