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Blog Posts in May, 2013

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  • Part III - Non-Probate Transfer
    Part III - Non-Probate Transfer

    For the last portion of our blog on payable on death or totten trust accounts (a form of trust in the U.S. in which a settlor places money in a bank account or security with instructions that upon the ...

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  • Part II - Non-Probate Transfer
    Part II - Non-Probate Transfer

    To continue our blog on the Estate of Gardner, the guardian of the Decedent's daughter (on behalf of her daughter ) filed an opposition to the petitioner's and appellant's petition in February 2009. ...

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  • Non-Probate Transfer
    Non-Probate Transfer

    The Estate of Gardner, Jr. (187 Cal.App.4 th 543 (2010)) involved the disposition of assets through a nonprobate transfer. Accordingly, the Probate Code does not govern these kinds of transfers. ...

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  • Part II - In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause
    Part II - In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause

    In Munn v. Briggs, the probate court sustained Carlyn and Michael Briggs' (defendants and respondents) demurrer stating that California has yet to recognize the tort of intentional interference with ...

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  • In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause
    In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause

    There are instances when a will has been revised to change the distribution of assets amongst beneficiaries. Some of these wills may have a no-contest clause that would prevent anyone from contesting ...

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  • Part II - Rules of Succession When Decedent Dies Without a Will
    Part II - Rules of Succession When Decedent Dies Without a Will

    In the Estate of Beckel, Doralee Verna Beckel (decedent) died without a will (intestate). Doralee had no surviving spouse, children, parents or siblings; therefore, according to the laws of intestate ...

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