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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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Caregivers across California are suffering from unpaid wages, underpaid wages, wage theft and overtime violations. Many employing elderly care services are operating in violation of California labor laws by failing to properly pay their employees. If you’re a caregiver or a fiduciary responsible for making sure caregivers are paid properly, what should you do? Here’s […]

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Undue influence and duress are frequently cited in probate and trust litigation. Both are used by abusers as a means to gain the favor of wealthy spouses and family members, with the goal of getting more estate assets. What is undue influence in wills and trusts? While undue influence can be cited in numerous areas […]

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As a pretermitted child, you likely have legal rights to an estate inheritance. Here’s a simple guide to help you get started in the process to get your inheritance. What is a pretermitted child or omitted child? A pretermitted child simply is a child who was born to a decedent after the decedent’s will or […]

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As a pretermitted spouse, you likely have legal rights to an estate inheritance. Here’s a simple guide to help you get started in the process to get your inheritance. What is a pretermitted or omitted spouse? A pretermitted spouse simply is someone who married decedent after his or her will or trust was created or […]

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Most states allow for a parent to disinherit a child. Those that do not still allow for partial disinheritance. Whether fully or partially disinherited, a child may still have rights to their inheritance. They key is to prove the child was disinherited for unjustifiable reasons, the parent lacked capacity when they disinherited the child, the […]

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California Probate Code 850 (commonly referred to as a Heggstad petition) guides the legal process of avoiding lengthy court probate administration procedures by asking a court to order properties that should have been but were not titled in the name of a trust. A powerful, cost-effective tool, Heggstad petitions can save you time and money. […]

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   A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property. While it’s very difficult, legally, to stop a partition action there are alternatives. What […]

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Financial elder abuse is a highly emotional situation, made that much more complicated by the fact that all-too-frequently the abuser is a family member. Due to that familial relationship, it’s only natural that victims are concerned about what will happen to the abuser if an elder financial abuse attorney is hired. What is the penalty […]

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For your trust to work as intended, it must avoid future trust contests and disputes amongst heirs and beneficiaries. Here are a few tips I’ve learned from experience that should help your trust avoid future trusts contests and disputes. First, how do I set up a trust? A living trust or family trust is generally […]

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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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