Category: "Estate Litigation"

   What is the penalty for stealing from an estate? When an abuser steals from an estate, the penalty can be as little as simply returning the stolen monies or assets to the trust or estate. However, the California Probate Code does provide statutory bases for pursuing double damages, treble damages, punitive damages, disinheritance […]

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Undue influence by step parents is a sensitive topic. The headline alone causes a reaction. Based on our experience, a stepmother is one of the most common perpetrators of undue influence. Whether real or perceived, we counsel clients frequently about the topic and regularly investigate these claims. We also investigate, prosecute, and defend undue influence […]

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Undue influence cases can be complicated to prosecute. Historically, undue influence was limited to situations of influence over the mentally incapacitated. However, as our elderly population continues to grow states, including California, have responded with legislation that allows family members to pursue litigation in situations where a loved one may be of relatively sound mind […]

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What are the duties of a trustee in California? California Probate Code outlines Trustee Duties quite clearly. And now, we’re going to make it even clearer. First off, let’s define some popular terms:   What is a trust? A trust, or living trust, is a document designed to help families avoid legal process, probate, after […]

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Contesting a will is more common than heirs, beneficiaries and executors may think. We tell our clients every day: Disputing a loved one’s will or trust does not make you a bad person. All too often wills resulted from interference from a loved one or an interloper. We work with heirs, beneficiaries, administrators, executors, and […]

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The death of a family member always signals a change.  Family dynamics can be thrown into uncharted territory, and long-standing relationships are often forced to be redefined. Even before a loved one passes away, the emotional upheaval attached to an estate and family assets can also produce intense feelings of sadness, anger, isolation and other […]

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