If a disabled person is about to receive a substantial inheritance, these assets can be lost if proper action is not taken. Receiving financial inheritances can result in a disabled person’s disqualification from receiving certain benefits, such as social security or Medi-Cal.
Articles about Trust vs. Will
What steps should I take if I suspect a breach of fiduciary duty in probate while the settlor of the trust was still alive?
With the recent decision of the California Supreme Court in the case involving the Estate of Giraldin, beneficiaries now have even greater rights against trustees.
California will contest matters can interfere with the administration of an estate while eating up valuable time and resources. Unfortunately, these matters must be defended even when the executor feels they are frivolous. If you are faced with the task of defending a will contest in San Diego, consider taking the following steps.
In some circumstances, you may need to be a vested beneficiary in order to bring an action against the trustee of a trust in California. Whether you can bring such an action depends on the facts and circumstances surrounding your matter, the terms of the trust, the nature of your claim, and the laws of the state of California.
I am not receiving my rightful inheritance. Who should I pursue legal action against—the executor or the trustee?
Whether you should pursue legal action against an executor vs. a trustee in California depends on many factors. Trust and estate litigation in California is a complex area of the law and requires the guidance of an experienced legal professional.
I suspect the trustee of a California trust is abusing trust funds. Which option should I pursue for protection?
Understanding what the right step is when you suspect trustee wrongdoing requires the guidance of an experienced San Diego probate court attorney. Trust litigation often can take several months, even years. When you are concerned that trust assets are being abused, it is therefore vital that you act quickly.
Unfortunately for the rightful beneficiaries of an estate, even a frivolous will contest in San Diego will cost money to defend. Contact our office to schedule a case evaluation today.
A will does not need to be notarized in California in order to be valid. If it is notarized, the notarization is not a valid substitute for a witness.