Category: "Probate Litigation"

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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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 […]

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