That all depends on what you mean by “probate.” In California, in fact in the entire United States, we operate under the so-called American system of litigation fees; meaning each party pays their own fees regardless of who wins the case. But there are a few exceptions. For example, if you have a contract that says the prevailing party is ...Read More
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Many people operate under the mistaken assumption that the law is black and white. That is to say, the law is enforced as it is written...period. But the law is not so black and white after all. In fact, most of the time there is plenty of grey area in the law. This happens for two primary reasons: (1) many ...Read More
Questioning Yourself? Can you notice your own client’s deposition to preserve evidence in California Trust and Will cases?
While it may be funny to think about, you can notice your own client’s deposition if you wish to preserve his or her testimony prior to trial. This is a rarely used technique for rather obvious reasons, you do not usually want to disclose to the opposing party what your questions will be come time of trial. And while the ...Read More
What happens to debts after you’re gone? There’s two ways to look at that question: (1) debts that are owed TO you, and (2) debts that are owed BY you. Are either type still enforceable after your death? Debts owed TO you Let’s start with debts that are owed to you, in other words, where you are the creditor ...Read More
https://www.youtube.com/watch?v=cPCoN2kJAZU In our last post we described California’s creation of Transfer-on-Death Deeds (“TOD Deeds”). And while TOD Deeds could prove a useful tool when used properly in estate planning, they also can lead to additional problems and headaches. So what action must you take if you fall victim to a bad TOD Deed? TOD Deeds fall into the broad category ...Read More
https://www.youtube.com/watch?v=CmMrQHUMFac&feature=youtu.be In our last post we discussed the newly created Transfer-On-Death Deeds ("TOD Deeds"); now time for a few problems. There are two main problems created by California’s new TOD Deed rules. First, someone wanting to legitimately use such a deed has to understand all the technical rules that must be followed, and then follow them. This is no easy ...Read More