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 …
The California Litigation Guide to Probate Code 859 Read More »
Sibling inheritance laws and rights are clearly defined in California, and most U.S. states, by probate code intestacy laws. If an individual dies without a will, their surviving spouse, domestic partner, and children are given an inheritance priority. If there are no surviving spouse, domestic partner, nor children, then their surviving parents are next in …
The Guide to Sibling Inheritance Laws and Rights Read More »
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. …
To win a partition action can take anywhere from a couple of months to reach a settlement agreement to a year or more if it goes to a court trial. The vast majority of partition actions settle out of court, which reduces the time frame from filing to resolution, and makes funds and/or property available …
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 …
Executors cannot do things which are contrary to the benefit of heirs, beneficiaries, and the estate. This means if you suspect an executor is withholding your inheritance distributions, you would have the right to sue the estate, or litigate to suspend, remove and replace the executor. What is an Executor of Will or …
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 …
Disinheriting a spouse can be a fundamentally simple – but realistically flawed – process: Simply ask your spouse to sign a contract (e.g. a prenup or postnup) wherein they agree to be disinherited — and to receive none of your estate assets. The challenge is obvious: Most of the time when the topic of assets …
Sometimes family members have good reason for disinheriting someone. For example, a parent may have already given substantial assets to a spouse, child or grandchild, and feel like they’ve given enough. To ensure their intentions are followed, they disinherit that person. If you feel you were unjustly disinherited, read more. What is the …
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 …
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. …
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 after …
The Guide to Pretermitted Heirs, Spouses, and Children Read More »