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Blog Posts in September, 2013

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  • When Would I Need to Hire a Trust Litigation Attorney?
    When Would I Need to Hire a Trust Litigation Attorney?

    One of the most common reasons to hire a trust litigation attorney is to have legal guidance and assistance with the administration of trust after the death of a loved one. Wills, trusts and the ...

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  • Part III - Trust's Arbitration Provision Does Not Compel Beneficiaries That Are not a Party To Such Agreement
    Part III - Trust's Arbitration Provision Does Not Compel Beneficiaries That Are not a Party To Such Agreement

    To continue our blog on Diaz v. Bukey (195 Cal.App.4 th 315 (2011)), Marie L. Bukey (trustee, defendant and appellant) appealed the trial court's decision denying the petition to compel arbitration. ...

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  • Trust's Arbitration Provision Does Not Compel Beneficiaries That Are not a Party To Such Agreement
    Trust's Arbitration Provision Does Not Compel Beneficiaries That Are not a Party To Such Agreement

    Arbitration is a resolution technique in which a dispute is resolved by an impartial adjudicator outside the court system; and wherein the parties to the dispute agree to be bound by the adjudicator's ...

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  • What is the Purpose of a Power of Attorney?
    What is the Purpose of a Power of Attorney?

    A Power of Attorney is a legal document which designates another individual to act on your behalf should you be unable to do so due to physical or mental incapacitation. A Power of Attorney can give a ...

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  • Part III - Res judicata Bars Respondents from Re-litigating Case That Was Dismissed with Prejudice
    Part III - Res judicata Bars Respondents from Re-litigating Case That Was Dismissed with Prejudice

    To continue our blog on the Estate of Redfield (193 Cal. App. 4 th 1526 (2011)), Nancy Horan (petitioner and appellant) appealed the trial court's decision to reopen the final judgment of the probate ...

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  • Part II - Res judicata Bars Respondents from Re-litigating Case That Was Dismissed with Prejudice
    Part II - Res judicata Bars Respondents from Re-litigating Case That Was Dismissed with Prejudice

    As we discussed in our previous blog, the California Court of Appeal used the doctrine of res judicata to overturn a judgment made by the trial court to re-open a case that was already dismissed with ...

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