Disinheritance May be Increasing Under New California Law Discussed by…

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Albertson & Davidson, LLP

Prior to Key v. Tyler, trust lawyers assumed that defending a trust contest would not trigger a no-contest clause. Now that has changed.

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 their next episode of the Albertson & Davidson, LLP, live stream series Stand, Fight, Win Live Stream- Real Lawyers, Real Answers.

The episode will review the Key v. Tyler appellate case in which a defendant's judicial defense of an amendment to a Trust that was found to have been obtained “through undue influence” met the Trust's criteria for a contest that “triggered the no contest clause.”1

“Many California trusts use a no-contest clause provision that will cause a beneficiary to be disinherited if they challenge the validity of the trust document in court,” says attorney Stewart Albertson. “Prior to Key v. Tyler, trust lawyers assumed that defending a trust contest would not trigger a no-contest clause. Now that has changed.”

Albertson explained that beneficiaries defending a no-contest clause can be considered violating the clause which can lead to the forfeiture of their inheritance.

“This is a ground-breaking case for everyone fighting over a family inheritance,” says attorney Keith A. Davidson. “Now every party to a trust contest lawsuit has something to potentially lose. It’s a real game-changer and may result in far more people being disinherited than ever before.”

The “No-Contest” episode of Stand, Fight, Win! will stream live on Facebook and YouTube on Friday, June 14, 2019. Viewers can watch live or view the recorded video from the firm’s Facebook page or YouTube channel. A podcast version of all episodes is available from Podbean.

About Stand, Fight, Win! Live Stream: Real Lawyers, Real Answers
The Stand, Fight Win! Live Stream is a live question-and-answer forum where attorneys Stewart Albertson and Keith A. Davidson answer commonly-asked questions they receive from consumers and review the latest case law pertaining to inheritances. The Stand, Fight, Win! Live Stream is an educational series offered by Albertson & Davidson, LLP, who also has an extensive library of educational content on its website and YouTube channel.

About Albertson & Davidson, LLP
Founded in 2008, Albertson & Davidson, LLP, are California estate litigation attorneys for trust, will and probate matters. The firm believes in standing up and fighting for abused trust and will beneficiaries who are in danger of losing their rightful inheritances. Albertson & Davidson, LLP handles cases throughout California with offices in San Francisco, Silicon Valley, Los Angeles, Orange County, and San Diego. To date, Albertson & Davidson, LLP has secured over $130 million in verdicts and settlements for its clients.

1 Key v. Tyler, (2019) 34 Cal. App. 5th 505.

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