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Channel: Lack of Capacity | California Trust, Estate & Probate Litigation
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Will Capacity vs. Trust Capacity: The Mental Measuring Stick under California...

In order for a person to create a valid Will or Trust they must have “sound mind.” The term “sound mind” is short hand for a rather complicated set of rules for determining mental capacity. If a person...

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Coping with Incapacity: How Trust Planning Is Life Planning

How does your trust help you while you’re alive?  Many people think of trusts as death planning instruments–the type of thing that only operates upon your death. But trusts have a critically important...

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Capacity Issues: Different types of capacity required for California Trusts...

California Wills and Trusts are not created equal.  In this video, we describe the basic differences between the mental capacity required for California Will creation and the mental capacity required...

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Lack of Capacity in California Trust and Will Creation

Our lates video post describes the concept of Lack of Capacity in California Trust and Will creation.  For those viewing this blog by email subscription, you can click on the title for a link to the...

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The Eyes are the Window to the…Diagnosis for Alzheimers?

This is not a medical blog, but medicine and the law interact extensively when it comes to determining (or challenging) a person’s legal capacity.  To prove lack of capacity requires evidence of a...

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When is Your Capacity Kaput?

If you went to the trouble to create a California estate plan that includes a revocable Trust, durable power of attorney for financial assets, and a healthcare directive, you probably have a capacity...

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Is Donald Sterling Crazy, or is Shelly Sterling Crazy Like a Fox? How a...

One of the biggest benefits of creating a revocable, living Trust is that it allows your successor Trustee to manage your affairs if you lose capacity.  Sounds good, but who decides when your capacity...

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Legal Lack of Capacity vs. Eccentricity: What’s the difference in California?

Let’s pretend you have a crazy uncle that only wears pajamas even when going to places outside his home.  He often goes to his neighbors’ houses and offers to buy all of their furniture even though...

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Who’s Pulling Your Strings? The Warning Signs of Undue Influence

THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE Hi, this is Keith Davidson with Albertson & Davidson. In this video, I want to talk about some of the warning signs...

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Fading Star: Must a Successor Trustee Take Over if the Trustee is Losing...

  THE FOLLOWING IS A TRANSCRIPT OF THIS VIDEO. FOR MORE INFORMATION, CLICK HERE Hi, this is Keith Davidson at Albertson & Davidson.  In this video, I want to discuss whether the successor trustee...

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Evidence Needed to Successfully Contest a Trust or Will

The following is a transcript of this video. For more information, CLICK HERE. Hi, this is Keith Davidson from Albertson & Davidson.  In this video, I’m discussing the type of evidence you need to...

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Is Donald Sterling Crazy, or is Shelly Sterling Crazy Like a Fox? How a...

One of the biggest benefits of creating a revocable, living Trust is that it allows your successor Trustee to manage your affairs if you lose capacity.  Sounds good, but who decides when your capacity...

View Article

Image may be NSFW.
Clik here to view.

Legal Lack of Capacity vs. Eccentricity: What’s the difference in California?

Let’s pretend you have a crazy uncle that only wears pajamas even when going to places outside his home.  He often goes to his neighbors’ houses and offers to buy all of their furniture even though...

View Article

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