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Blog Posts in November, 2012

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  • Part II: You Snooze, You Lose: Consequences of Delaying Probate
    Part II: You Snooze, You Lose: Consequences of Delaying Probate

    In McMackin v. Ehrheart (194 Cal. App. 4th 128, 122 Cal.), the Court was asked to determine whether a Marvin claim (a Marvin agreement is an express or implied contract between unmarried partners that ...

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  • Unclean Hands Doctrine - Part II
    Unclean Hands Doctrine - Part II

    In Flowers v. Dancy, the Court of Appeals affirmed the trial court's ruling and central finding that Andre is prohibited from attacking the forged deed to McIntyre due to the unclean hands doctrine. ...

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  • Unclean Hands Doctrine - Part I
    Unclean Hands Doctrine - Part I

    The unclean hands doctrine, sometimes referred to as the clean hands doctrine, is a principle in which a party who acted unethically or in bad faith in his or her prior conduct with respect to the ...

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  • Part III: Parties with No Financial Interest Lack Standing to Pursue Elder Abuse Action
    Part III: Parties with No Financial Interest Lack Standing to Pursue Elder Abuse Action

    An interested person's standing to bring an elder-abuse claim is deliberated in Lickter v. Lickter (2010) 189 Cal.App.4 th 712. The case concerned two grandsons (Joshua and Jezra) who sued their ...

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  • Parental Rights Termination and Parental Unfitness
    Parental Rights Termination and Parental Unfitness

    Yesterday, we discussed about guardianship and parental unfitness under Probate Code section 1513 (c). In a similar vein, we will discuss about parental rights termination based upon child's best ...

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  • Guardianship Cases and Parental Unfitness
    Guardianship Cases and Parental Unfitness

    The drama surrounding Ariel Winters of Modern Family fame and her 32 year-old sister's quest to obtain guardianship over her brings to mind a guardianship case titled Guardianship of Christian G. ...

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