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Blog Posts in Right of Survivorship

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  • Part III - The Omitted Spouse
    Part III - The Omitted Spouse

    The Estate of Will exemplifies one of the exceptions precluding a surviving spouse who was omitted from an existing testamentary instrument from receiving a share in his or her deceased spouse's ...

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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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  • Property Not Subject to Probate
    Property Not Subject to Probate

    The majority of people who do estate litigation seek to avoid probate. In fact, part of avoiding probate involves having a savvy estate plan. estates must go through probate. Additionally, probate is ...

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  • You can avoid probate if you have Property held as Community Property with Right of Survivorship
    You can avoid probate if you have Property held as Community Property with Right of Survivorship

    California is a Community Property state which means that the spouses must divide all community property equally. California defines community property as "All property acquired during marriage and ...

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