Evidence Needed To Successfully Contest A Trust Or Will

The judge or jury will decide if you win or lose your case, but the court does not have the power to make a decision without first following due process.

[@repenney]

I recommend repeated viewing of this vitally important information. It has to sink in and take hold; enabling you to arm yourself with the facts you will dig up.

[@christophernelson5561]

This doesn't say anything. He keeps saying we need evidence, but never says what would constitute evidence.

[@AlDavLaw]

You make a good point. Based on your comment, we plan to make another video where we discuss what constitutes evidence. Usually it comes down to documents and witness testimony. But then you have to follow the rules of the Evidence Code to get the court to admit the evidence. It's a bit tricky, but great idea for a better video. Thanks for your comment.

[@cortj9638]

@@AlDavLaw Did you make another video?

[@karlalvsmissy9437]

Would a video of my mom saying she made a mistake and wants to change her will serve any evidence?

[@embededfabrication4482]

I'm trying to prove my father was criminally insane, I have my mother as a witness to his actions, does that cut it?

[@blevinsfrank5453]

Desperate for money much?

[@embededfabrication4482]

@blevinsfrank5453 no, I have my own money but my family suffered terrible domestic violence because of this guy, he tried to kilt her in front of me and she wouldn't press charges. There was nothing I could do, he would strut around thinking he had the right to act this way. In the end he forced her out of her home and left everything he had to a woman he met in a bar, she would mock me and say I was crazy

[@alanhorn202]

Dad died in 2002, and his lawyer in 2003 sent me what appears to be a copy of the Trust, but there was no Real Estate listed. Doesn't all owned Real Estate need to be listed on the Trust? Did I get a complete copy of the Trust? I don't think so.

[@AlDavLaw]

No, real estate, or any other assets, doesn't need to be listed on the Trust itself. The real estate does need to be titled in the name of the Trust with a deed, however. And other types of assets, such as financial accounts, need to have their names changed to the name of the Trust. But listing an asset on the Trust is not necessarily required. It is a good practice to do in most cases, but not essential.

[@alanhorn202]

@@AlDavLaw Thanks for that answer. But now I have a new question: Since none of the properties were listed on the Trust document and since its possible that some or many of the properties may not have been transferred into the Trust, how best should I ask for that information?

[@AlDavLaw]

@@alanhorn202 You have obtain copies of deeds. In some cases, you may need to do a chain of title search. It can be a bit tricky, but the information is out there somewhere if deed title was ever transferred into the Trust. This is why these cases take time and effort because many cases have a lot on information that must be tracked down.

[@joantomlin898]

First of all, you guys are terrific! I have a question, and I hope you can answer it. I have a lot of evidence, but I want to strengthen it. I'm running into two hurdles. 1. The hospital my mother was at won't give me specific information. She says I need letters testmentary or letters of administration. Subpoenas won't do. Would a court order from the judge work? I know, this isn't intended as legal info, and I can't use it, but a hint would surely help. Please??!!??