Ontario, CA (Law Firm Newswire) April 28, 2015 - Albertson & Davidson, LLP had four proposals for law changes protecting California Trust and Will beneficiaries accepted for consideration at the 2015 Conference of Delegates for the Conference of California Bar Associations (CCBA).
Each year, attorneys from across the state submit proposals for possible resolutions that will be adopted by the CCBA. As part of its mission, the CCBA then works to turn the resolutions into state law through legislative proposals.
Albertson & Davidson, LLP trial lawyer Kevin Yee serves as the San Diego County Bar Association Delegate to the CCBA and provided the firm’s four different proposals for new laws accepted for review at the 2015 conference. The proposals were drafted by a team of lawyers at the firm that included partners Keith A. Davidson and Stewart Albertson, senior trial lawyer Gian Ducic-Montoya, and Mr. Yee. Three of the proposals involve laws about trusts and the fourth is a law regarding probate and wills.
The law proposals include the following:
· Amending existing law to give the right to challenge the validity of trust terms or to determine whether a trust has been revoked to beneficiaries of a probate estate, heirs-at-law, or beneficiaries of a previous estate plan. The current law only gives this right to trustees and current trust beneficiaries.
· Amending the California Probate Code to correctly remove an obsolete reference to a repealed law. This amendment will help avoid confusion when reading or applying the law.
· Add a new law requiring a trustee to pay attorney's fees and costs to beneficiaries who are forced to file a legal claim if the trustee refuses to provide the terms of the trust upon request. This will shift the burden of litigation costs from the generally faultless beneficiary to the non-compliant trustee.
· Amending the law to clarify a recent court decision and to effectively eliminate a loophole that allowed a lower standard to be applied when determining trust creation capacity.
“These proposals come from our experience in helping abused Trust and Will beneficiaries,” said managing partner Keith A. Davidson. “Our firm is proud to be at the forefront of new California legislation regarding trusts and wills. We consider ourselves well suited to help frame new laws that will benefit the clients we serve,” says Davidson. The proposals will be reviewed by the CCBA and then proposed for legislative action.
Albertson & Davidson, LLP is a trust, estate, and probate litigation firm. The team of attorneys stands up for the rights of trust and will beneficiaries to ensure they receive what they deserve. Anyone with a legal issue regarding trust and will disputes should call one of their three California office locations: 760-804-2711 in San Diego County; 909-466-1711 in Los Angeles and the Inland Empire; and 650-596-9999 in the Bay Area.
Keith A. Davidson
3491 Concours, Ste 201
Ontario, California 91764