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A will contest challenges the validity of the testator’s (will signer) intent and seeks to set aside the document or some of its terms. This article describes some of the grounds to bring a successful challenge.

In California, a will contest begins after a will is submitted to the probate court. An “executor” or “personal representative” will request that the court confirm the validity of the will, and then grant permission to distribute the decedent’s estate according to the document’s terms.

A person that was disinherited, completely omitted, or left a smaller amount than expected, can challenge the will on a number of grounds:

Undue influence. This is perhaps the most common element that can be shown to contest a will. An elder with substantial signs of dementia (long and short term memory loss) can become quite vulnerable to improper suggestions and manipulation. In essence, undue influence means taking advantage of another person’s weaker state of mind.

Coercion. This is another form of wrongful manipulation, and similar to “menace”. It involves using threats or intimidation to badger one’s desires and wishes into submission. Wrongfully imposing one’s own wants onto another.

Fraud. This intentional act requires the abuser to have misrepresented a material fact to the victim. The victim must have relied upon the fact, taken action against (what would otherwise have been) his or her better judgment, and caused damage to himself or another.

Duress. This is similar to taking advantage of another’s weaker state of mind, but generally applies to a psychological problem brought on by a specific set of circumstances (the recent death of a loved one, pending medical emergency, etc.). It involves the exploitation of the victim’s stressful mindset.

Mistake. Often, the testator simply made a mistake. For example, inadvertently forgetting to mention one of her seven children (with whom a loving relationship had always existed). The elder law attorney who drafted the will may have made a mistake and went unnoticed when reviewed by the client.

These are some of the ways that a will contest can occur.

Do you know What is a Irrevocable Trust? If you don’t, you are not the only person. Many people that do not have an understanding of what the meaning of an irrevocable trust is.

Although you may not know the meaning of the word, you have probably heard of trust before. When it comes to trusts there are two kinds. One of them is revocable and the other is irrevocable.

Now to give you a better understanding, it is important to get the gist of what a trust is. A trust involves a legal arrangement that a person makes for the things they own for when they die. This arrangement comes down to a written document, called either Trust agreement, or a Declaration of trust.

The individual who makes the document and bares the estate is the trustor or grantor that is listed. The other individual, who is given rights to the property for someone else, is listed as the trustee. This person has the obligation to protect the assets that are transferred within the trust.

Irrevocable trusts differ slightly than the general definition of a trust. Irrevocable trusts are when the grantor, or trustor no longer has legal control over the assets. This applies even in the case the person is alive.

There is still a trustee involved, who has the responsibility of managing the assets in the best interest for the beneficiary. The trustee should carry out the wishes of the trustor. Additionally, some tax benefits come along with these kinds of trusts.

Inter vivos trusts and living trusts refer to those who set up the trust while they are alive. Testamentary trusts, refer to those who put the information contained in their wills. A lot more information exists, in relation to irrevocable trusts. The best thing to do, is get all the information you can. This way you will know what you are getting yourself into.

Birth Injury lawyers are a dime a dozen. If you are reading this article then chances are you or someone you know are in need of the best Birth injury lawyer or law firm there is.

The key to finding a reputable birth injury lawyer is to do your research. This sounds easy enough but can quickly become daunting.  If you are searching for an attorney on the Internet it is important that you hone in the keywords that you use so that your search results are refined and more closely match your search.

You certainly don’t want a general practice lawyer representing such a critical matter and therefore need to ensure that you don’t waste time looking at all the personal injury lawyers in the net.  You are looking for someone who specializes in birth injuries.

So, when conducting your search make sure that you use keywords that are relevant. And for best results you should insert your city or state first… followed by the keyword “birth injury lawyer” or attorney etc.  This will ensure that you maximize your time and efforts when trying to find the best of the best.

It is recommended that you find at least 3 attorneys that you can call upon.  Some of the things you want to ask are:

• how many cases relevant to yours have they represented
• how many cases have they one
• what are their area’s of expertise
• how long have they been specializing in this area of law

Being diligent and efficient in your search for a birth injury lawyer is critical to ensure you find the very best.

The simple fact is that bad things do happen to good people and adverse medical events will occur. Questions that must be addressed include what steps should be taken by the medical provider and what does the patient expect from the medical provider.

The jaded view might be that patients want compensation, so best to turn it over to the insurance company to handle. That statement is only half-right. Whenever an adverse event occurs, immediately contact your insurance provider for guidance and direction. As for compensation, patient expectations are not always that simple.

According to the Canadian Medical Protective Association in responding to data presented in a New Zealand study, the Canadian medical liability system provides responses in three areas: patient safety, professional accountability, and litigation.

An article in the Journal of Healthcare Risk Management parallels the Canadian approach by indicating patient expectations centering on acknowledgement of the event, an apology, complete details about the incident, assurance that corrective measures have been taken, and compensation.

These, along with other expert opinions and studies, seem to indicate that litigation and compensation are not necessarily at the top of the patient expectations list when it comes to an adverse medical event. Yet many providers consider that to be at the top of their list and that can affect the attitude towards the patient. The reality is that the manner in which a healthcare provider manages communications after an adverse event can determine the subsequent actions taken by the patient, including formal complaints and litigation.

The initial reaction of most patients deals with the inquisitive side of human nature. They want acknowledgement of the incident and the complete facts as understood by the medical provider. This is an area where patient and provider can work together in sharing of information about the event in order to better understand contributing factors and the taking of subsequent preventive actions to protect future patients. Remember that acknowledgement of an event should also include empathy with the emotional feelings of the patient and family.

When it comes to an apology, there are differing schools of thought. Some say that an apology will come back to haunt you in litigation; others say that an apology can help defuse a litigatory event. This is why it is critical to immediately contact your insurance provider for guidance when an adverse event occurs. However, research has shown that apologies without remorse are likely to be rejected, and that some patients will not be forgiving — even after an acceptable apology with remorse is given.