Recent Posts in Probate Category
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Posted on Jan 19, 2012 By Los Angeles Estate Planning Attorney
It seems like for every new year, there are going to be more new laws. And let's face it, hardly any of us are ever thrilled about that. However, this year there are some changes to the California ...
Continue reading "Changes To California Probate Law - 2012" »
Posted on Aug 17, 2011 By Los Angeles Estate Planning Attorney
Failure to meet all of the probate requirements can lead to several unwanted outcomes. For one, you could be removed as the trustee or executor altogether. You may incur a substantial amount of fines. ...
Continue reading "Do Not Miss Probate Deadlines" »
Posted on Jun 17, 2011 By Los Angeles Estate Planning Attorney
Does simply having a will entirely eliminate the possibility of probate ? Well, simply, the answer is: no. Unfortunately, having a will does not always eliminate the possibility that your estate could ...
Continue reading "Does Having a Will Eliminate The Possibility of Probate?" »
Posted on Dec 29, 2010 By Los Angeles Estate Planning Attorney
The legal process of Guardianships have gotten alot of press in the last couple years. There are guardianships for children which have made news, such as the "octo mom" kids. A probate guardianship is ...
Continue reading "Guardianship Basics" »
Posted on Dec 21, 2010 By Los Angeles Estate Planning Attorney
The California Supreme Court ruled that a conservatee's due process rights were not violated when a trial court appointed an LPS conservator based on the conservator's counsel's representation that ...
Continue reading " The California Supreme Court Rules on an LPS Conservatorship" »
Posted on Dec 20, 2010 By Los Angeles Estate Planning Attorney
The Fourth District Court of Appeal heard a case regarding a conservatee's due process rights, finding that such rights were not violated when a court reestablished a conservatorship after the ...
Continue reading "A Conservatee is Allowed to Re-established a Conservatorship without a Formal Hearing" »
Posted on Dec 16, 2010 By Los Angeles Estate Planning Attorney
In 2010, the California Appellate Court heard a case involving a surviving spouse disputing with the Decedents four children from a previous marriage. Prior to his remarriage, decedent rolled his 401k ...
Continue reading "A Surviving Spouse Unsuccessfully claims ERISA Protections" »
Posted on Dec 15, 2010 By Los Angeles Estate Planning Attorney
The case of the "Octo-mom" continues. Petitioner, was not related to the mother Nadya Suleman or her children filed a petition seeking appointment of a guardian of the octuplets' estates. The trial ...
Continue reading "The Octo-Mom Case continues on Appeal" »
Posted on Dec 14, 2010 By Los Angeles Estate Planning Attorney
When putting together your estate plan, you should hire an experienced estate planning attorney to avoid any unintended distributions of your estate. In 2010, the California Court of Appeal held that ...
Continue reading "Disinheritance Cluase may not avoid Anti Lapse statute" »
Posted on Dec 13, 2010 By Los Angeles Estate Planning Attorney
Being named the trustee of any trust is a serious obligation, one which may open you to litigation. In California, the Appellate Court recently ruled in 2010 that in order to recover attorneys' fees ...
Continue reading "Reasonable Attorneys' Fees may be Paid out of a Trust" »
Posted on Dec 9, 2010 By Los Angeles Estate Planning Attorney
Unfortunately, often times the elderly become a target for fraud, and this extends into the area of estate planning. If you have loved ones that are entering into their twilight years and need ...
Continue reading "Dealing with Fraud or Mistake in Estate Planning" »
Posted on Dec 8, 2010 By Los Angeles Estate Planning Attorney
If you have recently lost a loved one and suspect that their estate planning documents, namely the will was obtained by fraud, you may have grounds to invalidate the will. If you live in California ...
Continue reading "Questioning the Validity of a Will because of Fraud?" »
Posted on Dec 6, 2010 By Los Angeles Estate Planning Attorney
The California Court of Appeals ruled in favor of a single mother who petitioned to serve as personal representative of her late partner, Charles David Lewis Jr. in May of 2010. Petitioner, Diane ...
Continue reading "Single Mother Fights to Serve as Personal Representative in High Profile Case" »
Posted on Dec 2, 2010 By Los Angeles Estate Planning Attorney
There are several different types of guardianships. However, in general, a probate guardianship is a formal court process in which the probate court appoints a guardian to have custody of a minor and ...
Continue reading "California Guardianship Standards" »
Posted on Dec 1, 2010 By Los Angeles Estate Planning Attorney
Most people are eager to avoid a formal probate process. Certainly, there is motivation to avoid the process of distributing property to loved ones through the courts if possible. One way to avoid ...
Continue reading "Avoiding a Formal Probate" »
Posted on Oct 28, 2010 By Los Angeles Estate Planning Attorney
California has certain requirements that must be fulfilled in order to find that a will is valid and has been drafted in accordance with California law. A will is a legal instrument and as such must ...
Continue reading "Testamentary Intent is Flexible" »
Posted on Oct 27, 2010 By Los Angeles Estate Planning Attorney
Unfortunately, drafting a will, can be considered a taboo or depressing subject among family members. Therefore, many loved ones do not realize the terms of a close family member or friends will until ...
Continue reading "What to do if You have a Problem with a Loved One's Will" »
Posted on Oct 25, 2010 By Los Angeles Estate Planning Attorney
In January of 2010, the California Appellate Court considered the right of a parent to care for their children in considering an application for the appointment of a Guardianship of a person on behalf ...
Continue reading "Standard to Appoint a Guardian" »
Posted on Oct 22, 2010 By Renee Linares
Serving as a guardian for a minor comes with alot of responsibility. Whether you are a close family member or friend you may come face to face with this responsiblity at some point in your life. Many ...
Continue reading "Are you ready to be a Guardian?" »
Posted on Oct 15, 2010 By Renee Linares
A probate guardianship is a formal court process in which the probate court appoints a guardian to have custody of a minor and or their property (California Probate Code ยง1510). The Probate Court ...
Continue reading "How California Courts View Conservatorships" »
Posted on Oct 14, 2010 By Renee Linares
In August of 2010, the California Court of Appeals reviewed non-probate transfers in relation to the Uniform Transfer on Death ("TOD") Act, section 5500. The Court of Appeals determined whether parol ...
Continue reading "The California Court of Appeals rules on Non-Probate Transfers" »
Posted on Oct 13, 2010 By Renee Linares
In August of 2010, the California Court of Appeals reviewed a case to determine whether the Decedent, James Donald Garner, Jr. intended to transfer funds to his mother, appellant Adria Underwood and ...
Continue reading "Non Probate Transfer Disputes" »
Posted on Sep 24, 2010 By Renee Linares
Many people opt to place their property in a trust during their lifetime, as part of the estate planning process. This helps to avoid the additional costs incurred by putting the property through ...
Continue reading "Using a Trust to Avoid Probate" »
Posted on Sep 13, 2010 By Renee Linares
Being named somebody's executor is a large responsibility. As the executor of a person's estate, you will have the responsibility of ensuring that their will is distributed pursuant to their last ...
Continue reading "As Executor, Whose Attorney do You Chose?" »
Posted on Sep 7, 2010 By Renee Linares
In May of 2010, the California Court of Appeals ruled that the guardian of the Decedent's minor children, their mother, was entitled to priority over the public administrator for appointment as ...
Continue reading "Unmarried Mother Appeals to be named Administrator of 10 Million dollar Estate" »
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