Personal Injury Civil Remedies Wills, Trusts, & Estate Planning

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Timing of judgment creditor's entitled fee petition key to enforcement

In Conservatorship of McQueen the California Supreme Court decided a unique issue concerning the interpretation of Code of Civil Procedure Section 685.040. Under that statute, a judgment creditor is entitled to the reasonable...more

The Impact of Death of Defendant Prior to Filing Claim for Injuries

This week's discussion looks at the potential timing limitations that can impact a claim filed against a defendant who has deceased. The discussion is done in the confines of Indiana's Probate Code and the recent Indiana...more

Group Health Plan Can Enforce Reimbursement Rights Against Trustee

On the heels of the United States Supreme Court’s recent holding in U.S. Airways v. McCutchen, where the Court held that a group health plan’s reimbursement rights are not automatically subject to equitable defenses, it...more

Today’s Take: Don’t Mess With Elders

It is an unfortunate reality that as people get older, they become more and more susceptible to influence, abuse, and neglect. In fact, California has recognized that its elders are a disadvantaged class, that the cases of...more

Damages Pt. 13 – Sentimental Value in Personal Property

This week we reopen our Damages series with a thirteenth installment to discuss the availability of sentimental value damages for the loss of items of personal property. We examine both the general rule that such damages are...more

Insurance Bad Faith Claims Involving a Decedent’s Estate: Pistalo v. Progressive

This week's article focuses upon the recent Indiana Court of Appeals decision Pistalo v. Progressive in which the court held that a bad faith claim against an insurance company could progress even though the policy holder had...more

California Recognizes Intentional Interference with an Expected Inheritance as a Valid Cause of Action

The Problem: So often a family member or friend is told by a Decedent that he will inherit some or all of an estate. The Decedent truly has that intention, but as he or she ages and becomes weak of mind, the Decedent is...more

Asset Protection for Parents - Are Your Children A Lawsuit Exposure?

Asset Protection, Are Your Children A Lawsuit Exposure? We all like to think our kids are better behaved, smarter, and more sensible than the ones we see in the news or read about, but their exposures are unpredictable and...more

Legal Settlements and Special Needs Trusts

Individuals who become disabled as a result of an accident may receive a monetary award as part of a legal settlement of the case. If this happens, it is important that the individual, prior to finalizing the settlement,...more

Pro Per Living Trust Beneficiary v. Sibling Beneficiary Trustees

Petition Determine Validity of Trust, Accounting, Remove Trustees, Breach of Trust

PETITION TO DETERMINE VALIDITY OF PURPORTED TRUST AMENDMENT; SUSPEND AND REMOVE CO-TRUSTEES AND APPOINTMENT OF SUCCESSOR TRUSTEE; FOR OTHER RELIEF FOR BREACH OF TRUST; FOR AN ACCOUNTING; FOR INSTRUCTIONS [PROBATE CODE...more

Finding Las Vegas Bike Injury Law Information

Las Vegas Traffic Safety Motorcycle Injurys Diego Corrale was killed on his motorcycle. He was involved in a fatal crash according to a report from boxing promoter Gary Shaw on May 7, 2007 in Las Vegas, Nevada....more

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