Stand Fight Win Podcast

Episode 26: Trustbusting: Get Your Inheritance - Stand, Fight, Win LIVE: Real Lawyers, Real Answers

Thu, 12 Dec 2019 17:47:44 -0600

How do you get money out of a Trust when the Trustee will not make a distribution to the beneficiaries? Attorneys Stewart Albertson and Keith Davidson explore common problems and questions relating to Trust distributions in this episode of Stand, Fight, Win LIVE: Real Lawyers, Real Answers!

Episode 24: What Constitutes a Valid Amendment? Real Lawyers, Real Answers

Wed, 02 Oct 2019 14:53:32 -0600

Are handwritten notes on a Trust or Will valid? Join us for Stand, Fight, Win! LIVE: Real Lawyers, Real Answers. We will be taking your questions LIVE! #beneficiaries #inheritance

Episode 23: Trustee Disclosure & Liability

Thu, 12 Sep 2019 14:45:03 -0600

What are the disclosure responsibilities of the Trustee? Do beneficiaries have to sign waivers and liability releases? Join us for Stand, Fight, Win! LIVE: Real Lawyers, Real Answers. We will be taking your questions LIVE! #beneficiaries #inheritance #trusteeliability

Episode 21: Which Beneficiaries Get Paid First? Stand, Fight, Win Live Stream

Thu, 08 Aug 2019 15:23:10 -0600

What happens if there aren't enough funds for each named beneficiary? Do certain beneficiaries take priority over others? Join us for Stand, Fight, Win! LIVE: Real Lawyers, Real Answers. We will be taking your questions LIVE!

Episode 20: You Just Lost Half Your House - Stand, Fight, Win! Real Lawyers, Real Answers

Thu, 25 Jul 2019 14:53:26 -0600

What happens to the marital property when one spouse passes away? Is it possible that your spouse's half can go to someone else? The answer is YES. Join us for Stand, Fight, Win! LIVE: Real Lawyers, Real Answers. We will be taking your questions LIVE!

Episode 19 - Who's Next? Successor Trustees - Real Lawyers, Real Answers

Tue, 16 Jul 2019 17:38:59 -0600

Attorneys Stewart Albertson and Keith Davidson are going to answer some common questions about Successor Trustees.

Episode 18 - Should You Leave a Special Needs Trust? Real Lawyers, Real Answers

Wed, 03 Jul 2019 14:52:30 -0600

What is the right kind of Trust fund to leave for a child with special needs? What kinds of problems can arise? In today's episode of our Stand, Fight, Win! Live Stream, Attorneys Stewart Albertson and Keith A. Davidson will discuss Special Needs Trusts and traditional Trust funds, and how to avoid potential problems. Join us for Stand, Fight, Win! LIVE: Real Lawyers, Real Answers. We will be taking your questions LIVE! #freelegalhelp #freelegaladvice #specialneeds #trustfund

Episode 16 - New Law May Increase Disinheritances: Real Lawyers, Real Answers

Wed, 19 Jun 2019 15:09:10 -0600

A new California Appellate Case may spell disaster for people defending their inheritances. Attorneys Stewart Albertson and Keith A. Davidson will discuss this ground-breaking case in the next episode of Stand, Fight, Win! Live Stream: Real Lawyers, Real Answers. And we will be taking your questions LIVE!

Episode 15 - The TOP 5 THINGS That Make Trusts Difficult: Real Lawyers, Real Answers

Fri, 17 May 2019 14:37:01 -0600

If you are creating a Trust or are a Trust Beneficiary, you'll want to watch this. We will be sharing with you the TOP FIVE things that can cause big problems for Trust Beneficiaries. And we will be taking your questions LIVE! #freelegalhelp #freelegaladvice

Episode 14--Help! How Do I Get My Inheritance? Real Lawyers, Real Answers

Wed, 08 May 2019 15:12:03 -0600

The path to a rightful inheritance can be simple or complex depending on the will or trust document. Tune in to find out what you need to know. We will be taking your questions LIVE!

Episode 13--LIVE Stepparents & Inheritance, Part II - Real Lawyers, Real Answers

Sat, 04 May 2019 08:23:36 -0600

Episode 12--LIVE Stepparents & Inheritance, Part I - Real Lawyers, Real Answers

Thu, 25 Apr 2019 17:35:41 -0600

Today's modern families often include stepparents and stepchildren. Many problems can arise without proper estate planning. Tune in to learn more about these issues and what you can do to overcome or mitigate them.

Episode 11--Live Sibling Fights - Stand, Fight, Win Live Stream: Real Lawyers, Real Answers

Tue, 16 Apr 2019 15:06:48 -0600

We are discussing your options when you have a sibling that is a bad trustee or that is abusing a parent's trust, property or assets.

Episode 10 -- Elder Financial Abuse: The Epidemic

Fri, 05 Apr 2019 11:47:38 -0600

Episode 10 of the Stand, Fight, Win live stream features some important information about elder financial abuse. This type of abuse is becoming an epidemic among families across California. Listen to lawyers Stewart Albertson and Keith A. Davidson discuss elder financial abuse.

Episode 9 -- Suing Attorneys for Mistakes in Trusts and Wills

Mon, 18 Mar 2019 14:26:27 -0600

In this episode, our Trust trial attorneys Keith A. Davidson and Stewart Albertson talk about attorney malpractice in Trust and Will creation. A mistake on a trust or will can cause you to lose your inheritance. We start with a look at a recent appellate court decision and then answer commonly asked questions about attorney malpractice. Finally, we will go through out latest practice pointers to avoid malpractice lawsuits.

Episode 7: Can a Court Excuse the Bad Acts of a Trustee?

Tue, 05 Feb 2019 16:51:57 -0600

In this episode, Keith and Stewart talk about a recent appellate case where a court let a trustee off-the-hook for various breaches of trust. They also discuss their latest views on a commonly asked question: can a trust beneficiary request an accounting if mom or dad is still alive?

The Talk: California No Contest Clauses -- Course 5, Lesson 3

Sun, 29 Oct 2017 10:41:54 -0600

The Talk provides the viewpoints of Stewart Albertson and Keith A. Davidson on the topic of California No Contest clauses found in Californa Trusts and Wills.

The Law: California No Contest Clauses -- Course 5, Lesson 2

Sun, 29 Oct 2017 10:40:44 -0600

The Law provides our professional opinon on the options you have to deal with California No Contest clauses found in California Trusts and Wills.

The Facts: California No Contest Clauses -- Course 5, Lesson 1

Sun, 29 Oct 2017 10:39:20 -0600

The facts discusses the basic rules for California No Contest clauses and sets out hte factual scenario we will use for our discussions in the next two podcasts.

The Talk: California Attorney Malpractice Claims -- Course 4, Lesson 3

Sat, 07 Oct 2017 16:12:15 -0600

In this episode, partners Keith and Stewart discuss their views of California attorney malpractice claims.

The Law: California Attorney Malpractice Claims -- Course 4, Lesson 2

Sat, 07 Oct 2017 16:10:12 -0600

In this episode, partner Stewart Albertson discusses his professional opinion of how to deal with an attorney malpractice claim based on the facts presented in lesson 1.

The Facts: California Attorney Malpractice Claims -- Course 4, Lesson 1

Sat, 07 Oct 2017 16:09:01 -0600

In this episode we cover the basic ground rules for California attorney malpractice lawsuits and present the facts that we will use in the next two lessons.

The Talk: California Undue Influence Claims -- Course 3, Lesson 3

Wed, 30 Aug 2017 10:43:15 -0600

Partners Keith A. Davidson and Stewart Albertson discuss their views of California undue influence claims.

The Law: California Undue Influence Claims -- Course 3, Lesson 2

Wed, 30 Aug 2017 10:42:20 -0600

Partner Keith A. Davidson discusses the law of undue influence in Califonria Trust and Will cases; and California financial elder abuse lawsuits.

The Facts: California Undue Influence Claims -- Course 3, Lesson 1

Wed, 30 Aug 2017 10:41:15 -0600

In this episode we discuss the basic elements for proving a California Undue Influence claim and present the facts we will use in the next two podcasts.

The Talk: A Discussion on Trustee Duties -- Course 2, Lesson 3

Tue, 01 Aug 2017 16:40:50 -0600

The Talk. Keith A. Davidson and Stewart Albertson discuss their views on the topic of California Trustee duties--the top 3 duties.

The Law: Stewart's Opinion on Trustee Duties--The Top 3 Duties -- Course 2, Lesson 2

Tue, 01 Aug 2017 16:39:48 -0600

The Law. In this podcast, partner Stewart Albertson provides his professional opinion on the topic of California Trustee duties, the top 3 duties.

The Facts: Trustee Duties -- The Top 3 Duties -- Course 2, Lesson 1

Tue, 01 Aug 2017 16:38:28 -0600

The Facts. This video describes the factual scenario for Trustee duties, which will be used in the next two podcasts.

The Talk: A discussion on Trust Prudent Investing -- Course 1, Lesson 3

Tue, 01 Aug 2017 11:02:43 -0600

The Talk: Keith and Stewart discuss their views of Trust prudent investing.

The Law: Stewarts Opinion on Trust Prudent Investing -- Course 1, Lesson 2

Tue, 01 Aug 2017 11:01:04 -0600

The Law: Stewart Albertson provides his professional opinon on Trust prudent investing.

The Facts: Trust Prudent Investing -- Course 1, Lesson 1

Tue, 01 Aug 2017 10:58:22 -0600

The Facts: a factual scenario on Trust prudent investing. This factual scenario will be used in the next two podcast edisodes to further discuss Trust prudent investing.

Are you liable for the debts of your father?

Fri, 17 Jul 2015 11:30:12 -0600

Many people worry about whether they are personally liable for the debts of a deceased family member. In California, it is not so easy to hold someone liable for a debt once the debtor dies. In this episode, we discuss whether you can be held liable for a family member's debts.

Why did my step-parent inherit all my mom's property?

Fri, 17 Jul 2015 11:28:24 -0600

Step-parents can cause a lot of havoc in Trust and Will matters. For example, what if you parent leaves everything to his or her spouse, and then your step-parent leaves it all to only his or her kids--nothing to you? That would be a rude awakening! Unfortunately, that result happens all too often. In this episode we discuss ways to do estate planning to avoid the disastrous results of a step-parent taking it all.

Can you question your California Executor without being disinherited?

Fri, 17 Jul 2015 11:25:55 -0600

The every present threat of a no-contest clause under a California Will can make people nervous to take any action against an Executor. This is especially true where the Executor threatens to disinherit the beneficiary for questioning his or her actions. In this episode, we discuss whether a no-contest clause can be used to disinherit a Will beneficiary who questions the actions of an Executor.

Opening a California Probate: Taking the First Step

Fri, 17 Jul 2015 10:49:34 -0600

Opening a California probate estate can be frustrating because of the procedural hurdles that you have to jump over. But fear not, probate can be opened with patience and using the right forms. In this episode we describe the process to open a probate estate.

Breaking Consent, Releases and Waivers: The tricky rules of limiting Trustee liability in California

Mon, 22 Jun 2015 17:15:16 -0600

In this podcast, we describe the ways in which a beneficiary can break a release or consent and still hold a Trustee liable. Trustee's need to know how to ensure a release is valid, and beneficiaries may like to know how to get out from under a signed release. Enjoy!

To Demurrer or Not to Demurrer: Can you stop a California Trust or Will lawsuit before it begins?

Mon, 22 Jun 2015 16:52:56 -0600

In this podcast, we describe the rather strange procedural device called a demurrer.

Probate Court has the Power of the King: Equity vs. Law

Mon, 22 Jun 2015 13:48:42 -0600

If you are heading in probate court in California, be prepared to mind your equities. Yes, probate court operates under the rule of law, as do all courts. But there is a good bit of equity involved too. Don't know what equity is? This podcast will shed some light on the subject of equity vs. the law.

Discovery Applies to California Trust and Will Lawsuits

Mon, 22 Jun 2015 08:57:00 -0600

If you are in the middle of a Trust or Will lawsuit, you will need to find all relevant evidence to prepare for trial. How do you do that? Using all the same rules and procedures available to any civil lawsuit.

Trust Accountings; How Accurate Must They Be?

Mon, 15 Jun 2015 16:26:27 -0600

In this episode we tackle the tricky topic of Trust accountings. How accurate must your Trust accounting be in order to have it approved by the Court?

Defend Yourself From Bogus Claims

Mon, 15 Jun 2015 13:42:45 -0600

In this episode, we discuss the importance of defending yourself from the outrageous claims made in Trust and Will lawsuits.

Can Bad Trustee's be Disinherited in California?

Mon, 15 Jun 2015 11:43:26 -0600

In this episode of all things Trusts and Wills, we discuss what punishment can be imposed on a bad Trustee. Specifically where the Trustee is also a beneficiary. While there are a number of damages and punishments that can be imposed on a bad Trustee, disinheritance may be a tricky proposition. Listen to this episode to find out more.

Protecting your future: Mind, map, money by Rich Gaines of Legacy Legal

Mon, 23 Feb 2015 15:43:13 -0600

In this episode we interview Mr. Rich Gaines of Legacy Legal. Mr. Gaines shares his insights on how to plan for your future to help your family avoid the costly effects of litigation.

The Undue Burden of Due Process in California Trust and Will Lawsuits

Mon, 09 Feb 2015 14:38:53 -0600

Ever wonder why the Court can't just make a decision on your Trust or Will lawsuit? Find out more in this episode of all things Trusts and Wills.

Living Rent-Free in California Trust Property

Mon, 09 Feb 2015 12:46:01 -0600

As a beneficiary, are you entitled to live rent-free in the Trust property? In this episode we describe the requirement for beneficiaries to pay rent for occupying Trust property.

Modifying Your California Irrevocable Trust

Mon, 09 Feb 2015 12:34:15 -0600

In California, even irrevocable Trusts can be changed, but it takes help from the court. In this episode, we describe some instances when you can change your irrevocable trust.

The Lost Will Problem: Why You Need an Original California Will in Probate Court

Mon, 09 Feb 2015 12:19:23 -0600

Wills are one of the last areas of the law where an original is required. In this episode we discuss the presumptions that arise when an original Will cannot be located.

Freezing Trust Assets in California Trust Lawsuits

Mon, 09 Feb 2015 11:18:09 -0600

Freezing Trust assets is not so easy to do. In this episode we discuss some of the issues you should know about freezing TrustAssets.

Fighting for Your Legacy in California Trust and Will matters

Mon, 09 Feb 2015 11:00:37 -0600

If you have been disinherited, you have two options to pursue. Find out more about fighting for your legacy in this episode.

How to File Your California Trust or Will Lawsuit

Mon, 09 Feb 2015 09:49:18 -0600

It takes a lot of patience to file a Trust or Will lawsuit in court. In this episode, we describe some issues relating to filing your lawsuit.

Fair Result and Legal Result Does Not Always Jive in California Trust and Will Lawsuits

Mon, 09 Feb 2015 09:36:34 -0600

Why is it so hard to restore what is rightfully yours after a loved one dies? In this episode we describe the difficulties in obtaining a fair result.

Evidence Code Meets Trust and Will Contest Lawsuits

Fri, 06 Feb 2015 12:29:00 -0600

If you have a California Trust or Will contest lawsuit, be ready to use these evidence code sections to get the information you need from the drafting attorney.

Top 6 Things You Must Know About Titling of Assets

Fri, 06 Feb 2015 12:10:36 -0600

You need to know a few things about how assets are titled if you are going to understand Trust and Will law in California. In this episode, we discuss the top six things you must know about titling your assets.

California Legal Lack of Capacity vs Just Being Eccentric

Fri, 06 Feb 2015 11:47:17 -0600

Under the law in California, being eccentric is not enough to prove a legal lack of capacity in court. You must have evidence of a mental defect. In this episode we describe the ins and outs of legal lack of capacity.

Stepping Into the Boxing Ring of Your Trust or Will Lawsuit

Fri, 06 Feb 2015 10:36:51 -0600

If you are heading into court, prepare to enter the boxing ring. In this episode, we describe the rough and tumble world of California Trust and Will litigation.

Why Won't My California Trustee Respond to Me?

Fri, 06 Feb 2015 10:19:48 -0600

Every Trustee owes a duty to communicate to his or her beneficiary, but that does not mean that it always occurs. In this episode we discuss Trustee's who give their beneficiaries the cold shoulder.

Different Levels of Trust Beneficiaries

Thu, 05 Feb 2015 14:37:06 -0600

This episodes described some of the different types of California Trust beneficiaries.

Promises, Promises: How to Enforce a Promise to Leave you an Inheritance in California

Thu, 05 Feb 2015 14:27:08 -0600

Contracts to make a Will can be found in many cases, even though people don't necessarily use those terms. But if you changed your circumstances to care for an elder, then you may have a contract to make a Will in California.

A Better Standard for Undue Influence in California Trust and Will Lawsuits

Thu, 05 Feb 2015 14:14:53 -0600

In this episode we discuss the new definition for undue influence for California Trust and Will lawsuits.

Your Deadline to Sue in California Trust and Will Lawsuits

Thu, 05 Feb 2015 13:39:27 -0600

It is not good enough to have rights in Trust and Will matters, you have to assert your rights in Court before your deadline runs. But the deadlines can be confusing. In this episode, we discuss some of the important deadlines for filing your lawsuit.

What is a California Trust and Will Trial Lawyer?

Thu, 05 Feb 2015 12:09:32 -0600

It takes a few special ingredients to become a successful Trust and Will trial lawyer in California. In this podcast, I discuss the characteristics you should look for in your lawyer.

The Empty Will Problem in California

Thu, 05 Feb 2015 11:59:25 -0600

Your Will may not control any of your assets after your death. It all depends on how your assets are titled. In this episode, we describe the empty Will problem.

Troubled Trust Administrations

Thu, 05 Feb 2015 10:59:31 -0600

Some Trust administrations are just simply troubled. Not yet headed to court, but the Trustees and beneficiaries are not getting along either. In this episode we discuss the troubled trust administration issues.

Revoking vs. Amending Your California Trust

Thu, 05 Feb 2015 10:46:15 -0600

If you created a California revocable trust, you may be surprised to learn that the method used to revoke that Trust may be different from the method to amend the Trust. In this podcast, we describe the different procedures used to revoke vs. amend a California revocable Trust.

Choose Your California Successor Trustee Wisely

Thu, 05 Feb 2015 10:31:16 -0600

If you are creating a revocable Trust in California, put some thought into your successor Trustee.

Announcement for Professional Women's Conference set for April 20, 2015

Thu, 29 Jan 2015 15:13:09 -0600

Two Headed Monster: The Downside of California Co-Trustees

Thu, 29 Jan 2015 12:31:58 -0600

Having two people as co-trustees can be a serious problem in your Trust administration. In this podcast, we discuss some problems, and some solutions, to having two co-trustees.

The Hard Work of Trustee Investing in California Trusts

Thu, 29 Jan 2015 12:16:27 -0600

Every Trustee must follow the Uniform Prudent Investor Act, but that does not always occur. In this podcast, we discuss the ins and outs of California Trustee investing.

California Undue Influence: The Lighter Side of Capacity

Thu, 29 Jan 2015 11:45:22 -0600

Lack of capacity can be hard to prove in court, so why not use undue influence instead? In this podcast we discuss the lower capacity required under a undue influence claim versus lack of capacity.

What Rights Do California Trust Beneficiaries Have to Information?

Thu, 29 Jan 2015 11:34:34 -0600

As a California Trust Beneficiary, you have many rights. The most important of those rights, is the right to information. In this podcast, we discuss your rights to information.

What is Justice vs. Fairness in your California Trust or Will Lawsuit?

Thu, 29 Jan 2015 11:19:59 -0600

There are a lot of principals involved in Trust and Will matters--it's not just about the money. In this episode, we discuss the concepts of justice and fairness in your Trust or Will lawsuit.

What Does it Take to Prove Lack of Capacity in Your California Trust or Will Lawsuit?

Thu, 29 Jan 2015 10:33:44 -0600

Lack of capacity is the most common claim made in California Trust and Will contest, but proving that claim in court can be trickier than you think. In this podcast, we discuss the ins and outs of proving lack of capacity in court.

Top 5: California Undue Influence Claims

Wed, 28 Jan 2015 12:04:27 -0600

If you have facts and circumstances for an undue influence claim, there's a few things you must know. In this podcast, we discuss the top 5 things you must know for your California Trust or Will lawsuit.

How to Obtain a Copy of Your California Trust or Will

Wed, 28 Jan 2015 11:17:15 -0600

If you are an heir-at-law of a decedent, then you are entitled to a copy of the Trust and Will in California even if you are not named as a beneficiary or you are disinherited. Get to know your rights and how to enforce them in this podcast.

How Quickly Can Your Trust or Will Lawsuit be Filed in Court?

Wed, 28 Jan 2015 11:00:13 -0600

Trust and Will lawsuits can be complicated. It takes time to understand the facts, apply those facts to the law, and determine what filing to make. In this episode, we describe some of the factors that can cause your lawsuit to be delayed in filing with the court.

Strategies for Working With Siblings

Wed, 28 Jan 2015 10:37:38 -0600

Sibling rivalry is alive and well in Trust and Will lawsuits. It does not take much to stir up problems, but with these tips you may be able to avert all out war.

How To Take Action in Your California Trust or Will Lawsuit

Wed, 28 Jan 2015 10:04:51 -0600

If you are trying to reclaim your inheritance, you have to know how to take action in court. In California Trust and Will lawsuits, taking action is not always easy to figure out. In this podcast we describe some of the ways in which you have to proceed to reclaim your rights.

How to Obtain a Copy of Your California Trust or Will

Tue, 27 Jan 2015 16:07:34 -0600

Know your rights: There are times when just getting a copy of your parents' Trust or Will can be a problem. In this episode, we discuss your rights to a Will or Trust document and how to enforce those rights.

Top 10 Things You Must Know Heading Into Your California Trust or Will Trial

Tue, 27 Jan 2015 15:39:46 -0600

If you are heading into trial on your California Trust or Will lawsuit, there are 10 things you must know heading into trial. These tips will help focus your attention on the difficult task ahead.

Top 10 Things Every Executor Must Know

Mon, 26 Jan 2015 18:45:36 -0600

If you are an Executor of a California probate estate, there's a few things you should know. Executors have a few duties (make that a ton of duties) in administering a probate, it's best to know them before you go too far into your probate estate. By the way, I mistakenly refer to the term Trustee instead of Executor at some point in this podcast, can you find the error?

Top 10 Things Every Will Beneficiary Must Know

Mon, 26 Jan 2015 18:00:50 -0600

If you are the beneficiary under a Will, there's a lot of information you should know. In this podcast we discuss the important factors you should know as a beneficiary of a California Will in probate.

Top 8 things EVERY trustee should know

Mon, 26 Jan 2015 17:10:08 -0600

If your a California Trustee, you have a ton of duties you must follow. Do you know them all? Probably not, so it's time to get in the know. This podcast covers the top 8 things you MUST know as a Trustee in California.

Top 10 Things You MUST Know as a Trust Beneficiary

Mon, 26 Jan 2015 16:11:45 -0600

Being a Trust beneficiary can be confusing. In this podcast we describe the top 10 things you must know as a trust beneficiary. Remember, you must know your rights as a Trust beneficiary is you want to protect them.