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Blog Posts in Distribution of Property

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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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  • Part II - Filing of Petition within 120 Days Even if Notice was Not Served Does Not Time-Bar the Petition
    Part II - Filing of Petition within 120 Days Even if Notice was Not Served Does Not Time-Bar the Petition

    To continue our blog on Straley v. Gamble; approximately two weeks after decedent's death, William O. Gamble III (trustee, defendant and trustee) served Steven Straley (decedent's son; plaintiff and ...

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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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  • 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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  • Part II: Asset Distribution Conditioned Upon Release of Trustee Liability
    Part II: Asset Distribution Conditioned Upon Release of Trustee Liability

    To continue from our previous post regarding Bellows v. Bellows (2011) 196 Cal.App.4 th 505, the Court of Appeal reversed the trial court's ruling citing Probate Code section 16004.5(a), which states ...

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