Absolute Trust Talk

163: Courthouse Confessions: Inside Trust and Estate Litigation


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In this episode of Absolute Trust Talk, managing attorney Kirsten Howe welcomes associate attorneys Jessica Colbert and Ariana Flynn to discuss common issues in trust and estate litigation. Drawing from her experience as a litigator, Ariana highlights three major themes that often arise in family disputes over estates: undue influence, lack of capacity, and complex family dynamics. These challenges can lead to costly and emotional battles over a loved one's assets, making it crucial for individuals to understand the potential pitfalls. Tune in to hear valuable insights on how to navigate these difficult topics and prepare for the future. Plus, stay tuned for our next episode, where we'll continue this crucial conversation!

Time-stamped Show Notes:

0:00 Introduction

1:30 Ariana starts us off by sharing the most common family litigation issues.

2:45 In this segment, we discuss the most common issue: Undue Influence—what is it and how does it happen?

5:58 Not all influence is considered undue influence. If you're as curious as we were to discover where that line is, tune in here!

6:35 Another common issue we see is a lack of capacity. Press play here to find out how this can be a major issue in estate planning.

7:30 Anyone can file a lawsuit at any time. Keep an eye out for our next episode where we'll explore the details of such a scenario.

Take the Next Step in Your Estate Planning Journey

If this episode resonated with you, we'd love to help you with your own estate planning needs in California. Schedule a complimentary discovery call with our team at Absolute Trust Counsel. During this no-obligation conversation, we'll:

  1. Learn about your unique situation and goals
  2. Answer questions about our services
  3. Determine if we're the right fit to work together

Visit https://absolutetrustcounsel.com/scheduling/ or call 925-943-2740 to schedule your free discovery call today.

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Episode Credits: The Absolute Trust Talk podcast is brought to you with the help of Q2Mark, led by Chief Marketing Officer Susie Hays. Since 2016, Q2Mark has partnered with Absolute Trust Counsel on all marketing communications—from brand development and website design to this podcast series with over 192 episodes, social media management, video production, and more. If you're business owner looking for comprehensive marketing support, visit Q2Mark.com.

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Absolute Trust TalkBy Kirsten Howe: Attorney and podcaster

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