Linda M. Monje

Linda M. Monje

Kronick, Moskovitz, Tiedemann & Girard


Latest Publications

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Failure To Authenticate One Witness’s Signature Dooms Admission Of Will To Probate

A court of appeal recently addressed whether a will was properly admitted to probate. The will contained a regular and complete attestation but only the genuineness of the signature of the decedent and one of the two...more

6/13/2013 - Probate Signatures Wills Witness

Federal Law That Provides Death Benefits Be Paid To Named Beneficiary Pre-empts State Law

In Hillman v. Maretta (--- S.Ct. ----, U.S.Va., June 3, 2013), the United States Supreme Court considered whether a state law that provides death benefits from an insurance policy be paid to a current spouse, even if a prior...more

6/13/2013 - Beneficiaries Divorce FEGLIA Life Insurance Preemption Surviving Spouse

Drafter Of A Will Who Is Related By Marriage To The Transferor At The Time Of The Drafting, But Not At The Time Of Death, May Be A...

In Estate of Lira (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., December 26, 2012), a California court of appeal considered whether statute allows an attorney who was related by marriage at the time of the drafting of a will, but...more

2/5/2013 - Beneficiaries Divorce Drafting Attorney Wills

When Statutes Of Limitations Conflict, Newer And More Specific Statute Takes Precedence Allowing Lawsuit To Proceed

In Allen v. Stoddard (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., January 9, 2013), a California Court of Appeal considered how to resolve a conflict between two statutes that provide for different time periods during which a...more

1/28/2013 - Domestic Partnership Estate Claims Statute of Limitations

Beneficiaries Of Trust Have Standing To Sue Trustee For Breach Of Fiduciary Duty That Occurred During Settlor’s Lifetime

In Estate of Giraldin (--- P.3d ----, Cal., December 20, 2012), the California Supreme Court considered whether beneficiaries of a trust, following the settlor’s death, had standing to sue the trustee for breach of fiduciary...more

1/14/2013 - Beneficiaries Fiduciary Duty Revocable Trusts Standing Trustees

Marriage Does Not Alter Or Nullify Terms Of Previous Domestic Partnership Agreement Between Couple

In Estate of Wilson ( --- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal considered whether the marriage of a same-sex couple, during the period when same-sex marriages were allowed in...more

12/28/2012 - Domestic Partnership Domestic Partnership Agreements Same-Sex Marriage Waivers Wills

Assignee Judgment Creditor May Apply For And Receive Property Held By The State Controller Pursuant To The Unclaimed Property Law

In Weingarten Realty Investors v. Chiang (Cal. App. 4th, December 19, 2012), a California court of appeal considered whether a judgment creditor could claim property being held by the State Controller’s office on behalf of...more

12/28/2012 - Abandoned Property Assignments Judgment Creditors

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