Probate Litigation

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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How to Settle an Estate Without a Will

Settling an estate without a will is very common. As an estate increases in value and complexity, the process tends to take longer. Here’s a guide for families and executors/administrators. What does it mean to “settle an estate”? When a person passes away, their assets must be distributed to their family, heirs, or beneficiaries according …

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Disinheritance guide to find a probate attorney near me

The Definitive Guide to Disinheritance

Disinheritance is quite common. Spouses, children, stepchildren, adopted children, domestic partners, etc. can be disinherited in many states. Not surprisingly, disinheritance often leads to those disinherited contesting the will, trust, codicil or amendment that disinherits them. Whether you’re a disinherited child, a disinherited spouse, an individual seeking to disinherit someone, or someone who is involved …

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undue-influence-examples-elements-california

Undue Influence Examples and Elements Under California Law

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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California Probate Code trustee duties explained

California Probate Code Trustee Duties Explained

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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