An executor can override a beneficiary if they need to do so to follow the terms of the will. Executors are legally required to distribute estate assets according to what the will says. This means that if a beneficiary disagrees with the distribution in the will or other terms the executor can — and must …
If your loved one unexpectedly changed a will or trust, you might be wondering what to do. Or perhaps a family member recently passed away and the property distribution was drastically different from a previous estate plan, or what you were told to expect. These types of situations are highly sensitive and emotional, especially if …
Duress and claims of duress often come into play in estate conflicts and trust litigation. For example, if a will or trust is changed to favor one beneficiary over another, it’s common for the negatively affected heirs to investigate why they’re missing out on their rightful inheritance. We see cases every day in which duress …
An Affidavit of Heirship is a legal document used in some states to establish the legal heirs of a person who dies without a will. The laws surrounding heirship, intestacy, and probate can be complicated and confusing to navigate, especially while mourning the loss of a loved one. Consulting an estate attorney is key to …
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 …
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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California’s strict employment laws pose threats to unsuspecting elders; at the same time, caregivers are being deprived of their rights. By Scott Rahn and David Greco / March 5, 2020 / As published on CSQ.com A caregiver can make it much easier to care for an elderly loved one—but hiring a caregiver can be trickier than you’d expect. There …
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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 …
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April 1, 2020 — (As published on Law360) — Among all the government remedies, extensions, trillion-dollar stimulus packages and other pandemic-relief actions being proposed, allowing virtual notaries — as senators on both sides of the aisle have proposed[1] — might not seem like a very significant cause. It is crucially important, however, and here’s why. …
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Today’s technologies have made contesting a trust easier than you think. We have substantial experience working with remote clients who never physically come into our offices, provide hard-copy documents, and physically never go to court, yet we’ve been able to help them obtain their rightful inheritance and trust distributions. Whatever challenge you may be facing …
I have probate notes, do I need a probate lawyer? Probate notes are a normal part of the probate administration process. When you file your Petition for Probate, the probate examiner may issue “probate notes” that ask for additional information or clarification. Then it’s your job to file a supplement to answer the examiner’s questions. …
How much does probate cost in California? The price can range quite a bit. In the following, we will discuss three cost levels: Self-administered probate, assisted self-administered probate, and fully-assisted probate by retaining a probate lawyer. How much does probate cost in California? In almost every case, the costs of administering probate are …