Part 1: What Happens First The worst has happened. Your mother has passed away, and soon after, a copy of her Trust arrives in the mail from the Trustee. The cover letter says you have 120 days to contest the Trust, and enclosed is a copy of the trust instrument and a trust amendment. You […]
It’s a common question: is there a difference between a lawyer and an advocate? Technically, in California—and in most of the United States—every lawyer is expected to be an advocate for their client. In fact, lawyers take an oath to zealously represent their client’s interests within the bounds of the law and professional ethics. But […]
Contesting a will is a complex process that requires specialized legal expertise. This guide outlines the key grounds for contesting a will in California and explains the steps you should consider if you believe a loved one’s final wishes were not properly honored. Understand the Two Main Categories for Contesting a Will 1. Formal Defects (Formalities) […]
Executors play a critical role in managing and distributing a decedent’s estate. In California, they are bound by strict fiduciary duties under the Probate Code (Sections 7000–12590). These duties are not optional, they are legal obligations. When an executor fails to meet them, it’s called executor misconduct, and it can seriously harm the estate and […]
Inheritance theft is, sadly, more common than many people realize. While the scenarios may vary, one pattern appears again and again: a vulnerable elderly person, often with declining mental capacity, is manipulated into changing their estate plan. Whether it’s a family member, caregiver, neighbor, or friend, the wrongdoer exploits trust and proximity to enrich themselves […]
Imagine this: you’re supposed to inherit $1.5 million from your parents’ trust. You’ve waited patiently, only to discover the trustee hasn’t been doing their job — or worse, has mismanaged trust assets. So you hire a lawyer and file a Petition in probate court asking the judge to step in. You’re not trying to overturn […]
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 […]
