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When a person passes away, their assets must be disbursed in a manner consistent with state laws and following the directions they put forth when they were alive, as stated in their will. A probate lawyer guides the executor of will or beneficiaries of an estate through the probate process: From identifying estate assets and […]

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Power of attorney abuse and sibling conflicts can be emotional and complex. Here’s our guide to power of attorney problems, contests, disputes, and abuse. What is power of attorney? Power of attorney is a legal contract that gives a person, the Agent, the power to make legal decisions on the behalf of somebody else, the […]

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Intestate succession refers to the process under California inheritance laws that details what happens to a person’s estate assets when that person dies without a last will and testament. California’s inheritance laws are straightforward and dictate how a loved one’s estate assets will be distributed after they pass without a will. Unlike a last will […]

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Orange County Superior Court probate notes are received after you’ve filed your Petition for Probate with the OCSC probate division. Probate notes are simply the probate court examiner asking for clarification regarding information entered on your Petition for Probate. To address the notes, you’ll file a Supplement to Petition for Probate prior to your probate […]

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What is the penalty for stealing from an estate? When an abuser steals from an estate, the penalty can be as little as simply returning the stolen monies or assets to the trust or estate. However, the California Probate Code does provide statutory bases for pursuing double damages, treble damages, punitive damages, disinheritance of the […]

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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. […]

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What is a trust accounting objection, when should you file a trust accounting objection, and how long do you have to file an objection? Here’s a helpful overview and guide. What is trust accounting? The Trustee of a trust is obliged to account, or provide information and records concerning the management of trust assets. The […]

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Can you sue a family trust? While you technically cannot sue a family trust, you can sue the trustee of a family trust if you have a claim to assets held by that trust, or if you think that the trustee is mismanaging or stealing from the trust. You can also challenge the legitimacy of […]

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Fighting conservatorship abuse is a complex and emotionally-charged topic. Seeing a loved one ignored or taken advantage of by the person or persons charged with caring for them is extremely disappointing and difficult. In the following, we’ll cover how to file a petition to suspend or remove an abusive conservator, and how a conservatorship attorney […]

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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 […]

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Sending out trust notices can be stressful. Here’s a guide to 16061.7 Trust Notice procedures, plus tips–and when to get a trust attorney.   What is a Probate Code section 16061.7 trust notice? When a trust becomes irrevocable, such as when a person passes away or becomes incapacitated, the acting Trustee of the trust must […]

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