Category: "Probate Litigation"

Clients often call wondering how they can void a will that they feel does not represent their deceased loved one’s intent. Whether you call it voiding a will, disputing a will, challenging a will, or contesting a will –these all simply mean the court process by which a beneficiary name in a will, or an […]

learn more

When a person passes away, his or her assets must be distributed to the rightful heirs and/or beneficiaries. Probate is the judicial or court mechanism by which this occurs when someone has no will, has a will, or has a trust but failed to fund all assets into that trust, leaving them subject to probate. […]

learn more

As a pretermitted spouse or child, you may have legal rights to an estate inheritance. Here’s a simple guide to help you understand the definition of pretermitted, rights, statutes, and the litigation process.   What is the definition of a pretermitted heir? Pretermitted heir simply refers to a person who may have become an heir […]

learn more

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 […]

learn more

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 […]

learn more

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 […]

learn more

When a person passes away, his or her assets must be distributed. Probate is the mechanism by which this occurs. Usually, a will spells out the wishes of the decedent, directing which family members, friends and other heirs will receive which assets. Most of the time, these instructions are clear and the process proceeds without […]

learn more

Enter your keyword: