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 […]
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 […]
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 […]
In California probate and trust litigation, few issues stir up more confusion and litigation than the rights of a surviving spouse who is left out of a will or trust. These individuals are often referred to as “omitted spouses,” and the law generally provides them with a share of the estate. But not always. This […]
When news surfaced of conflict within the late Jimmy Buffett’s $275 million estate, we were already preparing a video. The story had all the markers of a high-stakes trust dispute: a surviving spouse raising concerns, a professional trustee under scrutiny, and adult children with major assets on the line. It’s exactly the kind of complex […]
If you’re receiving an inheritance through a trust or a will, you might wonder whether hiring a lawyer is necessary. The short answer is: it depends on your situation. In addition to this blog, watch our video dicussing whether or not you may need to hire or at least consult a probate attorney. When You Don’t Need […]
