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 […]
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 […]
