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Blog Posts in Decedent's Estate Proceedings

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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 III - Executor May Be Awarded Attorney Fees and Costs if Participating
    Part III - Executor May Be Awarded Attorney Fees and Costs if Participating "As A Party to Assist the Court"

    Continuing from our previous blog on the Estate of Hans Barsch (193 Cal. App. 4 th 885 – Cal: Court of Appeal, 1 st Appellate Dist., 1 st Div, 2011), Norman Bartsch Herterich (Objector and appellant) ...

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  • Part II - Executor May Be Awarded Attorney Fees and Costs if Participating
    Part II - Executor May Be Awarded Attorney Fees and Costs if Participating "As A Party to Assist the Court"

    In continuation of our blog on the Estate of Hans Barsch (193 Cal. App. 4 th 885 – Cal: Court of Appeal, 1 st Appellate Dist., 1 st Div, 2011), after Hans Bartsch's death, Arndt Peltner (petitioner ...

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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 - Estate's Personal Representative Is Only Entitled to Collect Restitution Damages for Decedent's Pre-Death Economic Losses
    Part II - Estate's Personal Representative Is Only Entitled to Collect Restitution Damages for Decedent's Pre-Death Economic Losses

    In the People v. Runyan, the trial court convicted Runyan of gross vehicular manslaughter and ordered him to pay Benge's (victim) estate restitution damages of approximately $450,000. Runyan appealed ...

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  • Estate's Personal Representative is Only Entitled To Collect Restitution Damages for Decedent's Pre-Death Economic Losses
    Estate's Personal Representative is Only Entitled To Collect Restitution Damages for Decedent's Pre-Death Economic Losses

    During the early hours of April 6, 2007, Paul Dean Runyan (defendant and appellant), got drunk at a nightclub and tried to drive home. On his drive home, he entered the 134 Freeway travelling in the ...

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