Estate Litigation

The Professional Trustee’s Guide to Estate Contests and Disputes

Estate contests and disputes can be intimidating for anyone, even a professional trustee. In this guide, we’ve answered some of the questions we’re commonly asked about estate and trust contests, estate disputes, and other issues professional trustees may face. What Are the Most Common Estate Contests and Disputes? Estate contests and disputes occur when an …

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How to Remove a Successor Trustee

Removing a successor trustee is possible, and generally requires filing a petition for removal, while working with a trust litigation attorney. For trust litigators, a common question is whether a successor trustee can be removed or replaced. Successor trustees don’t always manage the trust effectively, or respect the grantor’s true wishes. Sometimes successor trustees will …

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The California Litigation Guide to Probate Code 859

California Probate Code § 859 is a tool in every probate litigator’s arsenal which authorizes courts to impose a monetary penalty of “twice the value of the property recovered” against the wrongdoer in certain litigation cases.  Here’s a quick guide.   What is California Probate Code § 859? California Probate Code § 859 authorizes courts …

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The Ultimate Guide to Undue Influence

Undue influence in families is an act of abuse, often by heirs victimizing their elderly parents or other family members to increase their will inheritance or trust fund distributions. Undue influence can be actual or implied, and proving undue influence is the responsibility of heirs, beneficiaries, trustees of trusts, and administrators or executors of wills. …

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