Navigating California’s probate process can be confusing, especially when trying to determine whether filing a probate estate is even necessary. The good news? In many cases, probate isn’t required at all. When Probate Isn’t Needed Most assets today are designed to avoid probate entirely. Whether probate is required depends on how the deceased person’s assets were […]
Proving undue influence in court is never easy. These cases often arise after someone has passed away, leaving behind a trust or trust amendment that seems suspicious or out of character. By then, the victim is no longer alive to explain their intentions, and those who benefited from the changes are unlikely to admit they […]
If you’ve resolved your civil lawsuit or simply want to dismiss it, you’ll need to complete and file the Request for Dismissal form (CIV-110) with the court. This standardized Judicial Council form is used for most types of civil cases in California and was recently updated to reflect changes under California Code of Civil Procedure […]
A probate lawyer is an attorney who practices in areas governed by the California Probate Code, which includes a wide range of legal matters involving wills, trusts, conservatorships, powers of attorney, and probate administration. In simpler terms, probate lawyers are often referred to as trust and estate attorneys or trust and will lawyers. The Two […]
Financial elder abuse is a growing and deeply troubling problem in California. Every day, hundreds—if not thousands—of elders fall victim to exploitation. Even more disturbing is that the perpetrators are often family members or close friends—people the elder trusts the most. Financial exploitation can take many forms, from outright theft to subtle manipulation of legal […]
Irrevocable trusts are powerful tools in advanced estate planning. They offer significant advantages for tax planning, multi-generational wealth transfers, and beneficiary protection. However, when it comes to shielding your own assets from lawsuits, the protections are limited, particularly under California law. Let’s take a closer look at how irrevocable trusts work, and when they can […]
In California, when someone creates a will or trust and later gets married without updating those documents, the surviving spouse may still have a legal right to inherit. This right is granted under California’s omitted spouse laws, which essentially “force” an amendment to the estate plan, entitling the surviving spouse to a share of the […]
One of the most painful and unfortunately common situations we see in California trust litigation is when a child, often a son or daughter, is appointed as trustee over their aging parents’ trust and then uses that position for their own personal gain. What begins as a role of trust and responsibility often ends in […]
Will contest cases are among the most complex matters in probate litigation. To challenge a will successfully, you must assert a valid legal ground, most commonly lack of capacity or undue influence. Proving either of these claims requires gathering compelling, admissible evidence, and that usually includes taking multiple depositions. In most will contest cases, you […]
When an adult is no longer able to manage their finances or protect themselves from undue influence, the court can step in and appoint a conservator to act on their behalf. This legal process is known as a probate conservatorship, and the person being protected is referred to as the conservatee. Conservatorships have gained public […]
