How to Contest a Will in California
Key Takeaways Understanding Will Contests A will contest is the legal process of challenging the validity of the legal document stating how a person, known as the testator, wants their assets distributed after death. This process can be emotionally taxing since the person or people contesting the will are likely still grieving the loss of […]
How to Compel a Trustee to Do Their Job
When dealing with a trustee who won’t do their job, compelling them via court order has been the traditional route for recourse. But even if you expect litigation to go in your favor, it’s important to take the proper steps to ensure the trust itself remains unscathed. Trustees are required to follow the direction of […]
The Abuse of Anti-SLAPP Motions in Probate and Civil Matters
Litigants are still finding new applications for California’s powerful (and sometimes infamous) anti-SLAPP statute in civil matters, and as evidenced by the recently resolved Starr v. Ashbrook, probate courts are no exception. The case revolved around a contentious estate battle between the children of a 90-year-old Laguna Beach man and his girlfriend and trustee. The […]
Does A Prenuptial Agreement Override A Will
Premarital agreements increasingly have become commonplace in modern marriages. A 2022 poll by Harris Insights & Analytics found that 15 percent of married respondents reported having a premarital agreement, up from 3 percent in 2010.
Can I Sue Heirs of a Deceased Person?
If you have a valid legal claim against a deceased person, you may still be able to receive compensation by filing a lawsuit against the deceased person’s estate. However, you will typically need to direct your efforts at the estate rather than the individual heirs. Under California Probate Codes §9050 and §9051, the personal representative […]
What Does an Estate Lawyer Do After Death?
Estate planning lawyers help their clients plan for what will happen to their property and assets after they die. This includes creating wills and trusts and ensuring that all of the client’s financial affairs are in order. Estate attorneys also help implement their clients’ decisions about who will inherit their property and how much they […]