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Blog Posts in October, 2013

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  • Part III - Court Reverses Insurance Agent's Theft Conviction
    Part III - Court Reverses Insurance Agent's Theft Conviction

    In continuation with our blog on The People v. Neasham, Glenn Neasham (defendant and appellant) appealed his conviction for committing theft from an elder and dependent adult by selling her an annuity ...

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  • Court Reverses Insurance Agent's Theft Conviction
    Court Reverses Insurance Agent's Theft Conviction

    Glenn Neasham, an insurance agent by trade, sold an Allianz MasterDex 10 annuity to Fran Schuber, an 83-year old woman. The MasterDex 10 annuity was approved for sale by the California Department of ...

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  • Part III - Contrary Substantial Evidence May Negate the Will Revocation Presumption
    Part III - Contrary Substantial Evidence May Negate the Will Revocation Presumption

    We continue our blog on the Estate of Trikha, which is about a father who executed a will three weeks before committing suicide. Satish Trikha's will made provisions for all his children, including ...

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  • Contrary Substantial Evidence Can Negate the Will Revocation Presumption
    Contrary Substantial Evidence Can Negate the Will Revocation Presumption

    There is a presumption under Probate Code section 6124 that the testator (a person who makes a will ) destroyed the will with the intent to revoke it where the will was last in the testator's ...

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  • Are You An Omitted or Pretermitted Heir?
    Are You An Omitted or Pretermitted Heir?

    A pretermitted heir is a person who would likely stand to inherit under a will or trust , except that the person who wrote the will (testator) or trust (settlor) did not know, or did not know of, the ...

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  • How Can You Circumvent the Omitted Spouse Provision?
    How Can You Circumvent the Omitted Spouse Provision?

    Under the California Probate Code, an omitted spouse is a surviving spouse that was unintentionally disinherited under a will or trust that was executed prior to marriage. The law provides for the ...

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