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 […]
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 […]
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 […]
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 […]
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 […]
Hiring your lawyer on a contingency basis sounds like a great idea. Instead of forking over tens of thousands of dollars for a retainer and refreshing that retainer month after month after month, you simply sign on the dotted line and pay nothing. Well, nothing up front any way. Contingency arrangements allow you to hire […]
If you settle or otherwise resolve a trust or will litigation case, the amount you receive may be drastically reduced by taxes. There are a number of taxes that apply to trust and will assets, such as: Federal estate tax Income tax Real property tax Business personal property tax A host of other taxes. All […]
Buying life insurance ensures that one or more people or institutions you name as beneficiaries of the insurance policy will receive a lump sum payment upon your death. Having life insurance ensures that your named beneficiaries receive tax-free money that may be applied to their own needs or to your estate’s final expenses, debt, or […]
There are several reasons a potential beneficiary might challenge a will, such as because the decedent lacked capacity and was manipulated to write the will a certain way. Sometimes, there are multiple wills, and evidence indicates that the court should recognize one instead of the others. Regardless, it is difficult to have a legally drafted […]
