Exactly where a court’s jurisdiction begins and ends is a question that has long irked our judicial system. One muddle is the extent to which federal courts, as opposed to state courts, can decide disputes involving a...more
5/9/2023
/ Contract Claims ,
Contract Disputes ,
Diversity Jurisdiction ,
Estate Planning ,
Exceptions ,
Federal Jurisdiction ,
Fees ,
In Rem Jurisdiction ,
Probate ,
Probate Courts ,
Subject Matter Jurisdiction ,
Wills
It’s unremarkable that California courts require that notice be given to affected beneficiaries in trust and probate proceedings. After all, the Fourteenth Amendment guarantees that no person will be deprived of life,...more
3/20/2020
/ Appeals ,
Asset Management ,
Beneficiaries ,
Due Process ,
Estate Planning ,
Fourteenth Amendment ,
Inheritance ,
Notice Requirements ,
Probate ,
Probate Code ,
Trusts ,
Wills
In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets....more
7/3/2019
/ Appeals ,
Asset Management ,
Beneficiaries ,
Estate Planning ,
Fiduciary Duty ,
Heirs ,
Inheritance ,
Mismanagement ,
Personal Representatives ,
Probate ,
Probate Code ,
Removal ,
Trusts ,
Wills
American courts (including our California state courts), in contrast to courts in England, do not typically award attorneys’ fees to a lawsuit’s “victor.” There are, of course, exceptions to this so-called “American Rule.”...more
2/6/2019
/ American Rule ,
Appeals ,
Asset Freeze ,
Attorney's Fees ,
Beneficiaries ,
Due Process ,
Elder Abuse ,
Estate Claims ,
Fee-Shifting ,
Legal Fees ,
Litigation Fees & Costs ,
Trust Distributions ,
Trustees ,
Trusts ,
Wills