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Blog Posts in Intestacy

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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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  • 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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  • Res judicata Bars Respondents from Relitigating Previous Case That Was Dismissed with Prejudice
    Res judicata Bars Respondents from Relitigating Previous Case That Was Dismissed with Prejudice

    The doctrine of res judicata bars respondents from re-litigating a case that has already been adjudicated. Res judicata is the Latin term for "a matter already judged." It means that if there has been ...

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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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